Gifted Several Guns - any issues to consider?

[zorro]

I will try to keep this short

First, this was a total surprise and NOT expected in any shape

This is in Florida so that makes a huge difference I believe

An old Neighbour who I am friendly with (and have done a fair bit of work for him around his home and yard - never charged as he is a friendly neighbor) came over yesterday and told me he wants me to take all of his guns and ammo when he dies - he is 83 and not in great health.................so it was important to him to get this sorted ahead of time

He showed me the contents of his safe and there is a lot there

All guns are 100% mint, most never fired and all well maintained and lubricated over the years (he is ex-military, so took great care of them and really just collected them, rather than firing most of them).......



He gave me the safe combination and a key to his front door that on the event of his death he wants me to come and get them

He has no kids and only a sister in law (one of my concerns)

As I say, this is FL and there are no issues with transferring/selling privately down here..................from what I can tell

Clearly, this could be a few years away or even later/sooner.........................but he was very keen to get this sorted and want to hand them to someone who would then hand then down to their sons


So my questions.................

any issues or concerns you think I need to be aware of?

Clearly one concern is the sister in law - he tells me he has told her he is giving me the guns - but if i go over and empty the safe, what is to stop her of accusing me of theft (I have never met her) - Maybe he needs to type up a note/letter confirming that I "inherit" the contents of the safe

He does not want any of the guns on his will as he does not want anyone to know where they end up and certainly does not want them collected and destroyed by enforcement

If he dies in the house and the cops have to attend - I am sure they will want access to the safe as a safety issue



Clearly I will be delighted to take them, but at the same time, do not want to put myself in a bad position for some reason I have not thought of



Any thoughts or views on this/best way to proceed

 

[GOYABEAN]

Congrats Not an attorney but probably should find one locally with experience in firearms transfers of estates probably well worth the expense and future headache!

 

[pshift]

The best way to proceed with this is through a FFL. SInce both you and the guns are located in FL, it SHOULD not be an isue and keep everything clean and tidy. If it involves NYS, then just make sure that you lose them in a boating acciodent...

 

[Willyone]

I would not have "advertised" such good fortune. But that's just me, in NYS...

 

[zorro]

Thanks guys

Take the point on advertising - good point and i removed the list

This is 100% Florida so it does remove all the NYS issues

Doing a bit more research, in Florida is appears it is a straightforward process

Understanding the Legality of Gifting a Firearm in Florida - Fighter Law

If you have been accused of gifting a firearm illegally, it is best that you reach out to a criminal defense attorney as soon as possible.

www.fighterlaw.com

"Florida does not currently require you to register your firearm or record the transfer process when legally giving one as a gift. As long as you and the beneficiary are of legal age and residents of the state, the process is completely legal. "

 

[S&W Fan]

If it’s just a collection as you say and they are just sitting there in the safe why not talk to him about inheriting them prior to him passing away. That way you don’t have to worry about the couple of issues that you are concerned about.

 

[Mk44]

Your neighbor wants you to have his firearm collection upon his death. Document it while he is still alive and mentally there.
I would draft a letter that states he (your neighbor) is transferring his firearm collection (list the firearms & ammo) to you upon his death. Or state you will be inheriting his firearm collection. Have him sign it in front of a notary and a witness.

(I was a witness for a friend that inherited a collection.)

 

[cgrutt]

If it’s just a collection as you say and they are just sitting there in the safe why not talk to him about inheriting them prior to him passing away. That way you don’t have to worry about the couple of issues that you are concerned about.

Pretty much what I was going to say. You can even agree that they are his to do whatever he wants until his passing then they transfer to you. I'd have him write a letter and keep it in the safe.

 

[lrick]

I would guess that if it is not specifically in the Will it could be contested. Especially if he is leaving the house and all "contents therein" to someone else. Well, the safe is a content therein...so that could precede your letter and you could lose if the court considers only the Will and excludes any letter that is not a part of the Will. Definitely seek the advice of a lawyer.

I would ask him to add it to his Will and write it up as he is gifting you his safe and all the "contents therein". That way he doesn't have to divulge what is in the safe, you just get it as a whole package, move it to your house and open it there.

 

[C3D]

The chance of some asshole relative not giving you the guns when the time comes so that relative can sell them is high. Without documentation, you will be without recourse to try and get them. And a letter isn't enough, it must be part of the will or an effective codicil to the will.

 

[zorro]

All great points guys - thank you

Totally agree about the lack of an entry in the will

I asked him about that but he said he didnt want to change his will at this stage and just wanted me to get them

But 100% agree that is the sister in law decides she wants them to sell, and assuming she is the beneficiary of the will, I would have nothing to stand on at all

Honestly, not sure i want to go back and "hassle" this guy for that change to his will - almost a case of it i get them, i get them................and if not, well, I never really lost anything

But thanks for all the great input

 

[lrick]

All great points guys - thank you

Totally agree about the lack of an entry in the will

I asked him about that but he said he didnt want to change his will at this stage and just wanted me to get them

But 100% agree that is the sister in law decides she wants them to sell, and assuming she is the beneficiary of the will, I would have nothing to stand on at all

Honestly, not sure i want to go back and "hassle" this guy for that change to his will - almost a case of it i get them, i get them................and if not, well, I never really lost anything

But thanks for all the great input

I get where you're coming from, no loss to you, but maybe his wishes don't get carried out...as long as he's ok with that. If they don't go to you then I hope it's someone responsible...apparently he thought that was you.

Just hope it all works out in your favor.

 

[Willyone]

All great points guys - thank you

Totally agree about the lack of an entry in the will

I asked him about that but he said he didnt want to change his will at this stage and just wanted me to get them

But 100% agree that is the sister in law decides she wants them to sell, and assuming she is the beneficiary of the will, I would have nothing to stand on at all

Honestly, not sure i want to go back and "hassle" this guy for that change to his will - almost a case of it i get them, i get them................and if not, well, I never really lost anything

But thanks for all the great input

That's a good way to look at it. If it were me I'd likely feel the same as you. He sounds like a decent guy and I wouldn't want him to get the impression that I was greedy, or vulture like. OTOH it would be a shame for you to loose the opportunity, and for your bud not to have his wishes honored. But the cookie crumbles as it will.

I can tell you 1st hand, when there's a death in the family, family members can be ummm, difficult lol. Trueness in personality, and especially character, often reveals itself and can be surprising. Sometimes for the good, and often the not so good.

 

[zorro]

His biggest wish was that the collection of guns (and there are some REALLY NICE guns) would go to someone who would enjoy them and then ultimately hand them down to their sons (I have 2 who he has met several times)................since he does not have any close family left, other than the sister in law who he knows has no interest in them

But I agree, without a will or something to that effect, I dont have a leg to stand on when the sister in law gets involved

In fact if the will does say "all household contents be left to the sister in law", then even the act of me removing them could get extremely problematic!!

His biggest fear is that they are "collected" at his death by law enforcement and destroyed

 

[Uninformed and Compliant]

Depending on cost, he can make a trust, place the guns within it, and name you as who that trust rolls to to upon his passing.

 

[stokes]

If you dont want to hassle him about getting it in writing, maybe you can contact the sister in law and see if she has any interest. That is assuming he is leaving anything to her, he could very well be leaving it all to charity or some other friend.

 

[cgrutt]

My brother called me a few months ago and wanted to give me his Kimber 1911 as well as a few others. As much as I appreciated the offer and would have liked to have had his gun I respectfully passed. He gave them to his friend who lives in FL. FUKH.

 

[zorro]

In terms of a trust, honestly, he is 83 years old and in poor health...................i just cannot bring myself to ask him to do that - I would be happy to pay, but I am not asking him to do that - I would feel like a vulture hovering

As for the sister in law - i have never met her...............maybe waved to her once, but I have no connection with her at all and again not a conversation i could have at this point.................and you are correct, I have no idea who he will leave everything to in his will - though based on how he talks, i would think it will be the sister in law

I think i just need to let it play out and see what happens really and wait to see if the SIL carries out his wishes, which he says he has told her to do

 

[TEOTWAWKI inc.]

Transfer through FFL to you, even though private transfer is kosher. Keep the guns at his house until it's time to collect them.

He could change his mind at any point, or there could be coercion by family/friends later as death becomes more imminent. My wife's grandmother changed her will right before she died and left a rather large estate to her step-kids.

 

[lrick]

In terms of a trust, honestly, he is 83 years old and in poor health...................i just cannot bring myself to ask him to do that - I would be happy to pay, but I am not asking him to do that - I would feel like a vulture hovering

As for the sister in law - i have never met her...............maybe waved to her once, but I have no connection with her at all and again not a conversation i could have at this point.................and you are correct, I have no idea who he will leave everything to in his will - though based on how he talks, i would think it will be the sister in law

I think i just need to let it play out and see what happens really and wait to see if the SIL carries out his wishes, which he says he has told her to do

Do you get the feeling he really trusts her or is it that she is all he has left? So it sounds like the SIL is the executor and possibly the primary beneficiary.

Yeah, you're at her mercy if that's the case. There's no way I would go over to his house and just remove them in the way he says. I'm sure the SIL knows he has them, so what's to stop her from calling the cops and claim you stole them? A note that has no legal standing? uh uh. Cops aren't going to try to figure that out, they'll leave it to the judge.

Also imagine how this all plays out when he does pass. Will he be in hospice? Or will it be sudden? Is he checked on daily? Mail goes uncollected for days. Someone notices, maybe it's you or the SIL or even the mailman. 911 gets called....who shows up? Cops, right? Do you trust them not to collect them right then and there?

Maybe you can gently point this out to him and he can think about it. Be gracious, but let him know your concerns. Maybe all 3 of you should talk and you'll have a better sense about her.

Another compromise could be to offer to get the bulk of them out and he can keep his favorite ones.

No good deed goes unpunished, right? Good luck.

 

[stokes]

Didnt realize til your last post that he had told her about the guns going to you. Thought the opposite, that she didnt know. In that case you are right to just wait it out and see what she does.

 

[kev74]

Offer to buy them for $1, make up a bill of sale, and pick them up when he doesn't need them any more.

Legally they would be yours, and he gets to enjoy him while he's still around.

 

[prambo]

Say what??!!

Why even talk about it, let alone advertise on an obviously compromised forum?

When you're dealing with a renegade and lawless government, with ZERO legitimacy, why advertise...you owe them nothing.

 

[fresch]

Shhhhh

 

[Drinkthekoolaid]

Shhhhhhhhh

You should delete this thread for opsec and all. Nothing good can come out of it, just don't open the can of worms to our friendly minders who are fellow gun enthusiasts.

 

[Parzival]

I'm not a lawyer but I like giving legal advice online...

Get something in writing, if he won't change his will...at least a notarized letter. The moment he dies, they become her property.

 

[spat]

The best way to proceed with this is through a FFL. SInce both you and the guns are located in FL, it SHOULD not be an isue and keep everything clean and tidy. If it involves NYS, then just make sure that you lose them in a boating acciodent...

Should *not* require an FFL in Florida.

*Will* require the executor of the estate to assist. Do you know who that is ?

If they are on board, then it should be as simple as "grab a moving dolly" AFAIK.

I would *not* just go get them though, not without *some* sort of process with the executor.

Does the guy have a will ?

I don't think he needs some detailed list if he doesn't want to make one, just some line like "and all my guns and gun stuff goes to my kindly neighbor @zorro"

Obligatory IANAL, and this advice is worth exactly what you paid for it.

 

[zorro]

Thanks again guys

yeah - I am not just going to walk across and pick them up

In any case - the guy could out-last me!!!

If and when he dies, I will speak to the executor and I am also going to try to chat to him about some of these concerns and see if he would be happy to put something in writing

If not, then I will simply let it play out and see what happens and if it works out to my benefit, then great

if not, nothing lost really………..other than some really nice guns !!

Thanks

 

[Vantrepes]

"I can't tell you how much I appreciate the fact that you want me to have these, and I would cherish them, but I don't want to cause chaos after you're gone to make your wishes come to fruition."

Couple of options:
Update the will. He's not a fan.
"Buy" them all now, for a set price, with the receipt saying he's to hold them until the year 2050, or until his death, which ever happens first. Signed, witnessed, and notarized. That should remove them from being part of the estate, since they are YOUR property, he sold them, you bought them, you both have receipts to show it. Yard work, and other services are to cover the storage fee

 

[zorro]

"I can't tell you how much I appreciate the fact that you want me to have these, and I would cherish them, but I don't want to cause chaos after you're gone to make your wishes come to fruition."

Couple of options:
Update the will. He's not a fan.
"Buy" them all now, for a set price, with the receipt saying he's to hold them until the year 2050, or until his death, which ever happens first. Signed, witnessed, and notarized. That should remove them from being part of the estate, since they are YOUR property, he sold them, you bought them, you both have receipts to show it. Yard work, and other services are to cover the storage fee

I like that idea - thank you