• This Forum is for adults 18 years of age or over. By continuing to use this Forum you are confirming that you are 18 or older. No content shall be viewed by any person under 18 in California.

Best way to handle an Estate collection

TTE

TTE

Gold $$ Contributor
A friend asked me and I do not have a good answer, so thought I would ask for some advise here.

My friends father-in-law has been in ICU for a week and not likely to survive more than about another week.
His my friends wife is the executor of the estate/trust.

The gun collection is in California, but they live in Florida.
She has be directed to sell the collection and divide the money among the siblings.

How should/could this be handled?
Can they just load them up in a truck and drive them to Florida. And if so, can my friends sell them from Florida?
From what I understand, there is about 80 - 100 firearms

Any help/advise would be appreciated.

Thanks for your replies
 
I'm just starting to handle my Mother's estate (no guns) and what I am finding out is that what can be done is described in the will. I don't know a thing about trusts other than the trust probably names the beneficiary or beneficiaries. In my state the first step would be for her to file with the probate office and get appointed as the Personal Representative of the estate.

None of my business, but I just gave you some unqualified advice and your best move is NOT to seek advice here, but for her to make a visit to her lawyer or some other qualified entity with the will.
 
jghoghunter said:
Find a reputable auction house and let them handle it. Safe for all parties involved. The good auction houses know how to advertise the real collectable stuff to the right people. The more money you make the more money they make.
Click to expand...
This will also deal with the shipping (after sale) as needed.
 
TTE said:
Can they just load them up in a truck and drive them to Florida.
Click to expand...
YUP
TTE said:
And if so, can my friends sell them from Florida?
Click to expand...
YUP
TTE said:
From what I understand, there is about 80 - 100 firearms

Any help/advise would be appreciated.

Thanks for your replies
Click to expand...
Executor property after the death. She can direct all assets and property. Get them back to Florida and have an FFL sell them off, or Gunbroker the guns and ship through local FFL.

I handle local estate sales all the time.
 
As long as the individual is alive, whoever has the Statutory Durable Power of Attorney, should be able to get the collection out of Ca. This document basically covers all financial dealings if he is not able to do them for himself. But any action that takes place has to happen BEFORE he passes, as the POA is no longer in force once he passes. In this case, time is not on his side.
As M-61 said, contact an Attorney......NOW
 
"Call an attorney." What a nonstarter. My brother and I settled my fathers estate in GA, it was in a trust that was supposed to prevent any local intervention into the estate. The local judge just decided that some one local needed to make some money off of it and It had to go into probate. The only oversite on attorneys is other attorneys.
 
Walmart is right about one thing you have a lot more power while the FIL is alive with a POA than you ever will again. Drain bank accounts while POA is still in effect. If we had done that in GA the probate judge would have had no power over our estate whatsoever.
 
M-61 said:
Contact an attorney.
Click to expand...
+1 Contact the attorney that prepared the trust documents. The trust should specify the successor trustee or the process for selecting the successor trustee. My experience in Delaware is that assets that are in the trust or have a specified beneficiary(like an IRA) or below a certain threshold, probate is not required.
 
Last edited:
Contacting an attorney is the best advice. If this heir were an only child, doing whatever she wants might be OK. I this case there are other siblings and they might not appreciate how she liquidates the collection for a variety of reasons. The op didn't mention a POA, so any action prior to the testator's death might be a big no no!
 
Depends on WHO is in line to get $$$$ from the estate.
When it comes to $$$$, (greed) the roaches will come out from under the rocks.
Lucky for me, no $$$ issues cause my daughters didn't know they had anything coming till I mentioned it to them. ;);) None of us need any $$$ so it'll be a big SURPRISE when they get their share. :cool:

Just went/am going thru the same crap (no guns) with an estate.
HAD a DPOA to handle sisters finances. Once she died, just kept doing what I was doing. Folks knew she had died and never said a thing. ;)
Kept paying her bills and took care of her house

Only folks in the will are myself and my 2 daughters. Sister left my wife out of her will :mad::mad: but what's mine is hers anyway.
The daughters KNEW the BS I/We was going thru dealing with her (sisters) STUFF!
Someone mentioned wanting to buy sisters house so I finally (after almost 3 years) started probate and got appointed executor of sister's estate.
Sold the house, put the $$$$$$$ in the bank and we're waiting to go back to court to close probate and divide up the $$$$$$. Attorney doesn't get paid till WE get paid.
Both Daughters singed off so no physical inventory was needed.
A GOOD Attorney can guide you thru what is needed. That's what they get paid for. ;);) Hope things work out WELL for you.

One of the provisions of the "house sale" was that most of the furnishings and stuff would stay in the house. Donated a BUNCH of stuff, gave a BUNCH of stuff away, got the $$$, new owner got the keys and I'am DONE with the house. The new owner got a "deal she couldn't refuse". EVERYBODY ENDED UP HAPPY!!
The Attorney was recommended to me by the sister's next door neighbor. Never met the Man, all done by email, snail mail and one phone call.
(sign this and send it back) The guy REALLY knows his stuff and kept EVERYBODY in line.
 
Last edited:
M-61 said:
Contact an attorney.
Click to expand...
This. My father had a trust which named me as one of the trustees. He made a verbal declaration to my sister and brother about how to dispose of the firearms, including leaving them to my nephews. We're still trying to figure out how to make it happen. 2 of the 3 nephews live in CA., and one in TX. The two in CA. can't legally receive the two because they aren't on the stupid DOJ list.

The attorney who wrote the trust for your friends father should be willing to explain how to go about executing it.

ETA: Having the trust is a good first step for your friends family, because it means he will avoid probate in its entirety. As mentioned before, having a POA means he can ask his father, or decide himself how to dispose of the firearms while he's alive, and make it happen now, instead of waiting. Find an FFL willing to receive the collection and have the other kids claim it.
 
Last edited:
My fr iend just died in april,and he left everything to me. Isold the house for 90,000. Realty got 10,000
and I got the rest including the. Hospital,docters, mortage and the other bills.I'm down to about 6,000 and its not over yet. It's a real hassle sometime. Good luck
 
In my state, as soon as he dies the estate becomes the property of the heirs, whether testate or intestate, but the executor has the power to sell personal property, not real property. Bottom line here is that they own the firearms upon his death, subject to probate etc. for dispersal. As the legal owner, I would think they can do as they wish in regard to moving them...but Kali does have some silly laws, for sure, and as always, asking a lawyer is never bad advice.
 
  • Like
Reactions: ebb
You must log in or register to reply here.

Upgrades & Donations

This Forum's expenses are primarily paid by member contributions. You can upgrade your Forum membership in seconds. Gold and Silver members get unlimited FREE classifieds for one year. Gold members can upload custom avatars.


Click Upgrade Membership Button ABOVE to get Gold or Silver Status.

You can also donate any amount, large or small, with the button below. Include your Forum Name in the PayPal Notes field.


To DONATE by CHECK, or make a recurring donation, CLICK HERE to learn how.

Classified Ads

Forum statistics

Threads
165,800
Messages
2,203,697
Members
79,130
Latest member
Jsawyer09

Share This Page

Back
Top