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Old 06-24-2009, 01:29 PM   #3
Alpo
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Join Date: Feb 2007
Location: NW Florida
Posts: 8,662
Default Re: NFA Form 5 transfer - heirs

I think there is some wrong information given above.

If he died without a will, the court is going to decide who gets what. Until that happens, nothing can be sold.

I believe that, even if you (the heirs as a whole) want to sell the gun and split the money, first it will have to be transferred to one of you, since your brother, obviously, cannot sign the transfer documents himself. This is done on a Form 5, which has no fee. Whoever it is transferred to can then sell it.

The states have no say on how an NFA item is transferred. They just can say, "Yes, you can own one here", or, "No, they aren't legal here".

If y'all decide that you want the G3, but that the others need to get paid for it, the smart thing to do is transfer it to you on a Form 5, and you pay the others their shares. If you go through a dealer, you will end up paying the dealer a commission, and an additional 400 dollars in transfer fees.

If his wife is the executor of his estate, she can hang on to them until probate has decided what is going to happen to them.

Do not give them to a dealer. Do not give them to the cops. Do not give them to anyone. Just leave them in the safe (or wherever your brother kept them) until probate decides what to do with them.
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