[WSBAPT] Transfer of firearm after death of owner

[G. (Gus) Benjamin Lindsey III]

Hello,

 

I have an interesting probate situation regarding the transfer of a firearm.


 

The decedent's estate includes a firearm. The sole heir of the estate falls
with the exceptions to RCW 9.431.113 (family member) 

 

However the sole heir, who resides in another state, wants the personal
representative to have the firearm. The Personal Representative resides in
Washington.

 

If I am reading the statute correctly, the heir has to do a transfer in
compliance with RCW 9.41 in order to properly gift the gun to the personal
representative.  Or does RCW 9.41.113(4)(g) provide another avenue for the
personal representative to legal keep the firearm based on the below
language. 

 

A person who (i) acquired a firearm other than a pistol by operation of law
upon the death of the former owner of the firearm or (ii) acquired a pistol
by operation of law upon the death of the former owner of the pistol within
the preceding sixty days. At the end of the sixty-day period, the person
must either have lawfully transferred the pistol or must have contacted the
department of licensing to notify the department that he or she has
possession of the pistol and intends to retain possession of the pistol, in
compliance with all federal and state laws.

 

Input from anyone that has dealt with a similar situation since the new law
was passed will be appreciated.

 

 

Sincerely,

 

G. (Gus) Benjamin Lindsey III

Attorney-at-Law



 

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

 

website: www.gbl3law.com <http://www.gbl3law.com/> 

 

Business Law     Employment Law     Construction Law     Civil Litigation
Estate Planning      Labor Law     

 

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