For the attorneys here, what would be your advice be to passing on firearms through a standard last will and testament? I'm updating my existing will, and since I never set up a specific firearms trust, I'm debating simply adding a specific bequest to my existing will (given all my firearms will pass to only my brother) and a related addendum with a list of all the firearms, accessories, and ammo involved as well as serial numbers where applicable.

Are there any issues in doing it this way that I should be away of?

There is a paragraph in mine giving all firearms, ammunition, and firearm accessories to one individual. Intentionally no listing of serial numbers, makes/models, and quantities.

However, that path was taken with consultation from an attorney JHE recommended and was done to meet TX laws. Probably best to consult a FL estate planning attorney.

quote:

Originally posted by tatortodd:
Intentionally no listing of serial numbers, makes/models, and quantities.

A question. Short of providing my brother a list of all my firearms, accessories, and ammo (which like many of us, changes on a somewhat regular basis), how would he know he'd received 'all' of my stuff by the administrator of my will? I guess removing the serial numbers from the addendum wouldn't be an issue.

I am not a lawyer and did not stay at a Holiday Inn Express last night, but my attorney said that unless you have specific bequests, a simple "I leave my firearms collection, including all ammunition and firearms accessories to..." ought to cover it.

In my case, however, I have specific bequests for firearms going to specific people in my life, plus a carefully worded bequest leaving my personnally held NFA taxed firearms to the NFA trust I established for my most recent acquisitions.

This transfers them tax free to a trust that can have many people listed in it as being able to possess what were my NFA firearms.

quote:

Originally posted by Sig2340:
I am not a lawyer and did not stay at a Holiday Inn Express last night, but my attorney said that unless you have specific bequests, a simple "I leave my firearms collection, including all ammunition and firearms accessories to..." ought to cover it.

In my case, however, I have specific bequests for firearms going to specific people in my life, plus a carefully worded bequest leaving my personnally held NFA taxed firearms to the NFA trust I established for my most recent acquisitions.

This transfers them tax free to a trust that can have many people listed in it as being able to possess what were my NFA firearms.

I have no NFA items, so not really an issue there. I may be overthinking this, but 'what if' I had a heart attack and died. At some point thereafter, another family member or family friend removed either the pistol and/or rifle I carry in my truck everyday? My brother would never know he didn't get that item and it would obviously go somewhere I did not intend it to go.

quote:

Originally posted by bigdeal:

quote:

Originally posted by tatortodd:
Intentionally no listing of serial numbers, makes/models, and quantities.

A question. Short of providing my brother a list of all my firearms, accessories, and ammo (which like many of us, changes on a somewhat regular basis), how would he know he'd received 'all' of my stuff by the administrator of my will? I guess removing the serial numbers from the addendum wouldn't be an issue.

I have an Excel spreadsheet of firearms, Serial #s, purchase price, mounted accessory price, and gunsmithing info. I periodically print and put in my main safe.

Do you both live in Florida?
If so, why not just tell him and your spouse or other person that might have possession of them, if you happen to pass away unexpectedly?
Keep it simple.

quote:

Originally posted by bigdeal:

quote:

Originally posted by Sig2340:
I am not a lawyer and did not stay at a Holiday Inn Express last night, but my attorney said that unless you have specific bequests, a simple "I leave my firearms collection, including all ammunition and firearms accessories to..." ought to cover it.

In my case, however, I have specific bequests for firearms going to specific people in my life, plus a carefully worded bequest leaving my personnally held NFA taxed firearms to the NFA trust I established for my most recent acquisitions.

This transfers them tax free to a trust that can have many people listed in it as being able to possess what were my NFA firearms.

I have no NFA items, so not really an issue there. I may be overthinking this, but 'what if' I had a heart attack and died. At some point thereafter, another family member or family friend removed either the pistol and/or rifle I carry in my truck everyday? My brother would never know he didn't get that item and it would obviously go somewhere I did not intend it to go.

Make a list of all your firearms and give it to him. Update it every year or when something is added or removed from your collection. Also make sure your Executor knows where your current will is located, both hard copy and as a scanned signed document on your computer. You can keep list of assets (e.g., deeds, gold, guns, jewelry) there.

quote:

Originally posted by 220-9er:
Do you both live in Florida?
If so, why not just tell him and your spouse or other person that might have possession of them, if you happen to pass away unexpectedly?
Keep it simple.

My will (like most) tries to take into account a number of possible situations. If my wife and I were to both die at the same time (think car crash), an attorney will administer the will. He'll have no knowledge at all of my firearms and will need some means to insure they go where I want them to go. And since I don't have a blanket trust of attorneys either, I would really like to provide adequate documentation as to what should go where and to whom.

quote:

my attorney said that unless you have specific bequests, a simple "I leave my firearms collection, including all ammunition and firearms accessories to..." ought to cover it.

Yes.

quote:

why not just tell him and your spouse or other person that might have possession of them, if you happen to pass away unexpectedly?
Keep it simple.

That would work too... (unless both died at the same time, as bigdeal points out above), or the spouse decided after death that she wants to be compensated for the value.
If she agrees, it can be done that way but the gift would be from the surviving spouse, after death, rather than directly through the will or trust.

It's better to put it in writing than to leave it to chance.

I don't know that I'd give a list of everything to someone other than the attorney that is drawing up the will to add as an addendum to the will and do an annual update if you've changed things if you need absolute control over the details of every item after you pass, then do the list otherwise, give all my guns to xxx will do the trick per the will.

Who knows, over time you might fall out of favor with this other person, or they could pass away, and then who knows get their hands on your list of firearms even if you change the recipient, they have your list.



If you're worried that your executor isn't going to carry out your wishes then get a new executor.

quote:

Originally posted by HRK:
I don't know that I'd give a list of everything to someone other than the attorney that is drawing up the will to add as an addendum to the will and do an annual update if you've changed things if you need absolute control over the details of every item after you pass, then do the list otherwise, give all my guns to xxx will do the trick per the will.

Who knows, over time you might fall out of favor with this other person, or they could pass away, and then who knows get their hands on your list of firearms even if you change the recipient, they have your list.



If you're worried that your executor isn't going to carry out your wishes then get a new executor.

I have a separate Digital Assets addendum in my will that affords me an opportunity to update it as needed without having to update the will itself or go through the process of having it witnessed and notarized again. I thought doing a similar special bequest and related addendum to cover my firearms might offer me the same advantages.

In your case (no NFA, no trust), your guns are not treated differently than anything else you own. If you leave "all of my money", "all of my tools", etc., then you are always at risk of someone lifting cash, tools, household items, etc., before they are dealt with by your executor.

The only way to insure that things don't just disappear is to have them itemized somewhere, preferably with serial numbers. And that doesn't even guarantee that nothing disappears-your heir or legatee will just know what disappeared. And will have the info to file a police report.

But you'll have to keep the list updated; otherwise your brother will be looking everywhere or filing a police report on something that you sold or traded the day before you died. And he won't know to look for the gun you bought that morning.

You need to ask a Florida lawyer how, specifically, to do it. Trust and estate law varies a fair amount from state to state.

In general, identifying the guns and where they should go should be easy to do in a will, just as with any other personal property.

Honestlou makes good points.

First off, you live in a sunny and warm State. You are healthy with a long, long, long life ahead. You'll need to drive safe so the aforementioned car accident never happens. This you will do. You are stuck bigdeal, careing for all your guns and ammo. Keep your powder dry and all them guns clean. You aint going nowheres because we like you...

What I did was write up a gift letter saying that I am gifting this Sig Sauer s/n xxxx to in my case to my grandson dated signed and notarized.
Copy for him and one with firearm.
In some states they may " grandfather" in certain rifles and magazines if you can prove that it was acquired before the state banned it. The future of 2nd amendment here in New Mexico doesn't look to good. Next year probably some sort of ban.

If I were to say my son gets all of my firearms and ammunition, without him knowing all of my firearms and ammunition how would he know if he got them all without a list?


Hahaha guess I could have a list but not one on the Will Duh

I’ll let you know. I just sent off my will questionaire and specific distributions to an attorney who will send me back my will.

I said

1. Any and all firearms and firearms related material such as ammunition, magazines, accessories, etc.
2. Any and all knives including any kukris or bolos and all knife related material such as knife cases, sharpening tools and accessories, etc. excluding kitchen knives.
3. Any and all watches and watch related items such as winders, watch boxes, and manuals.

Of course, this was just my own thinking. I don’t plan on dying soon and who knows what specific items I may have gotten rid of or acquired along the way.

As far as someone misappropriating my stuff when I die, i’m Not going to worry about it. I’ll be dead.

I recently made an Excel spreadsheet of all firearms; brand, model, year they were made, caliber, serial numbers, where and whom I acquired them from, all accessories (mags cases holsters), price paid, current estimated value, etc....

If I passed tomorrow my wife would have NO IDEA how much any of said firearms are worth.

In the last cell I designated to whom the firearm goes to on my demise.
Added it to the will paperwork.
I update it every time I buy or sell a firearm.

I based mine on this Free Gun Inventory Spreadsheet that provides a free download.
But I added a few extra cells for more details..

My Will says, regarding firearms,

"I hereby give, devise, and bequeath my firearms to XXX, per stirpes, in equal shares, to be absolutely and in fee simple. If at the time of said distribution the beneficiaries cannot mutually agree on an equal distribution of my firearms then, in that event my herein named Executor shall make a final decision as to the equal distribution of said firearms to the beneficiaries named herein."