[WSBAPT] Successor PR, transfer of firearms, consolidate estates into SNT

Tue Apr 5 17:18:43 PDT 2016

Dear Steve,

I'll leave the PR issue to others.

But as to the firearms, you first need to determine what kind of firearms they are. For example, are they rifles, shotguns, or pistols. Then you need to determine if they are governed by the National Firearms Act (for example, short barreled rifles, short barreled shotguns, machine guns, or suppressors). If the firearms are not NFA firearms and are just your regular old off-the-shelf rifle, shotgun, or pistol then take a look at RCW 9.41.113 and 9.41.010. In almost all cases, the seller will need to conduct the transfer through a licensed dealer who can perform a background check on the purchaser. The process is pretty easy and the dealers usually charge only a small fee for the background check, which can be paid by either party but is usually paid by the purchaser. Take special note, if the estate owns a pistol there are specific reporting requirements that must be made within 60 days of the decedent's death if the pistol is not transferred to a third party. RCW 9.41.113(4)(g).

If you suspect the firearm is an NFA firearm, give me a call because that is a whole different ball of wax.

Best regards,
Jensen

Jensen Mauseth
Mauseth Legal, PLLC
jmauseth at mausethlegal.com<mailto:jmauseth at mausethlegal.com>
(p) 425.242.5111
(f)  425.242.5114

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Steve Waltar <steve at waltar.com<mailto:steve at waltar.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Tuesday, April 5, 2016 at 4:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Successor PR, transfer of firearms, consolidate estates into SNT

Do you think an agreed order would work to appoint a new PR (a licensed/bonded professional trustee) with the signed agreement of the only, adult beneficiary?  I suppose I could note a hearing and jump through various pleadings, working papers, etc.  but given the only beneficiary is an adult - wouldn't some agreed Order suffice - with of course a new Oath of PR.  I suppose I would need to get new/updated Letters Testamentary too.  Anyone have advice for me?

Also, if firearms are actually sold, rather than transferred to a descendant/beneficiary - what is the process?

I need to consolidate two estates then set up special trust for adult beneficiary - anyone done this or have advice?

Stephen M. Waltar, PS
Estate Planning Law
1750 - 112th Avenue NE, Suite C245
Bellevue, WA  98004
(425) 455-6788
www.waltar.com<http://www.waltar.com/>

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