[WSBAPT] Transfer of firearm after death of owner

Fri Aug 7 15:33:27 PDT 2015

I've never dealt with this law, but is there a chance of the heir being able to disclaim, with the PR the beneficiary of the disclaimed asset?

Best regards,

Kerry E. Brink
Kerry E. Brink * Attorney

Estate Planning, Probate, Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of A. Colby Parks
Sent: Friday, August 07, 2015 2:39 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Transfer of firearm after death of owner

Hello Mr. Lindsey.  As you may know, there are federal laws respecting the transfer of a pistol.  And, if a pistol, a report needs to go to DOL.  What type of firearm is involved and where is the firearm located/who has possession?  Feel free to call me to discuss the case.   Colby

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin Lindsey III
Sent: Thursday, August 06, 2015 11:11 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer of firearm after death of owner

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
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