What happens to your NFA stuff when you die?

Quote:

---

Originally Posted by Hansohn Brothers

Exactly. A better idea to have the form 5s filled out and ready to go before they are actually needed. Keep them with your estate documents. Certainly consult an estate planning attorney.

---

This. Mine are already done, along with a copy of all my completed Form 1's and Form 4's, and a copy of my trust and Schedule A. They are in the NFA safe here at the house, and another complete set in the safety deposit box at the bank.

My sister is my executor, and has a copy of my will, which mentions a DVD in one of the gun safes. That DVD has video of all my NFA stuff, plus "regular" firearms, pokey stabby things, etc. This way she can visually match them and not have to guess. She also has an Excel spreadsheet that lists the firearms, (maker, model, serial number, barrel length, caliber/gauge) and who each one of them goes to. A rough estimate of resale value is listed on each, in case the recipient wishes to decline it. That way she can sell it and not be ripped off.

Since I have a trust, it's pretty easy on the NFA stuff. The contact info of the trust beneficiaries is in an envelope labeled "GUN STUFF". The combinations to the safes, along with alarm codes, are in there.

I have a relatively decent number of firearms (50+) and wanted to make it easy on her.

Was it a fair bit of work? Not really, I did it over a couple of weekends. Most cell phones will shoot video, and you can burn the clips to a DVD very easily.

I also created an "online/computer" will. It't got a list of all my electronic devices, passwords, email accounts, along with online usernames and passwords. That's written down in a small memo book, and not recorded anywhere else in any kind of electronic form. That book stays in the main gun safe in a fireproof box.

I also have a letter on who will take care of my dog. Because I'm always going to have a dog.

Hope that helps.

Quote:

---

Originally Posted by TR675

No. It doesn't belong to them. That is asking for all kinds of trouble.

---

I've been an executor, no guns included, and it's not a responsibility to take lightly. If there had been guns or smaller valuable items I would have put them in a safe deposit box until they could be given to heirs. Disposition of the estate takes months at least.

You can always contact your local ATF division or field office and ask an IOI on how to handle the matter. That said, you may get varying degrees of competency and answers. Download ATF P 5300.4 and the NFA handbook. https://www.atf.gov/file/11241/download

Quote:

---

Originally Posted by Hansohn Brothers

Exactly. A better idea to have the form 5s filled out and ready to go before they are actually needed. Keep them with your estate documents. Certainly consult an estate planning attorney.

---

This, and be sure to list by serial number which guns go to which heirs. When I worked in the gun business, I helped to sell off several estates. More than once a pissed-off family member came in and demanded that we give them something off the rack because "Gramps told me I could have it when he died." No can do, Junior.

Better yet, give that stuff away BEFORE you die (to the extent that you can) and save your heirs the headache.


Okie John

If I go with a trust and have my sons in it ; do they still have to fill out the form 5?

OK, asking for a friend, and I mean, no shit, I am asking for a friend, but if it is not a trust, are they required to stay at the descendant's address until transferred?

Can you leave them to your friends instead? I have no legal heirs that will outlive me, provided everyone and myself die of normal and natural causes. I'd like to leave them to some younger person someday.

[edited as first post only had half of response]

I'm not an attorney but do have personal experience handling this. Items went out Form 5 to individual heirs named in the will, all determined beforehand by the deceased and known to the heirs so there was no squabbling about who gets what later. ATF will want to see the full will - submitting only the codicil regarding NFA items was insufficient.

A BATFE researcher reviews the paperwork before it goes to the examiner so they may come back with comments about how the paperwork needs to be arranged or additional items to submit. It was all fairly smooth and took around 3 weeks total for approved forms to come back. The longest delay was frankly with the local county clerk and the estate attorney to get the Letters Testamentary for the executor to be able to sign the Form 5s.

Not a specific issue with inheritance transfers but about transfers overall - Be advised that you may run into ATF records that don't match those of the deceased (surprise!). For example, an item may have transferred 20 years ago with multiple calibers on a Form 4 before but they will not allow it to do that again (I suspect they have a single field for data entry into the system). Or they might not believe you can have different types of items with the same serial number (matching set!). Send photos and document and you can work it out with the researcher.

Have an estate plan and discuss all inheritance issues with your family so there are no surprises. It's a sensitive time and uncertainty about who gets what won't make it less so. This goes for all assets (financial or sentimental).

YMMV. Consult with an attorney. Blah, blah...