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Discussion Starter · #1 ·
I've been asked to ask someone from MS--we could sure use some good advice... my wife's cousin passed on, leaving a gun collection (75% handguns, 25% long guns). They were not willed to anyone, and have become part of the estate. The cousin designated an out-of-state friend as the executor of his estate. The executor is from a restricted state--NJ, MA, NY, IN, IL, CA I don't remember which.

1) With no status as a Mississippi resident, how can the executor dispose of the collection?

2) What entity or profession should we consult to get advice on the legal complexities he faces? (We're thinkin' lawyer, but what kind?)

3) Can the executor take all the guns home that his state allows and sell them from there?

4) What happens to the guns his state won't allow him to own or possess?

Thank you very much.
 

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Thats a tuff one. Being that he(your wife's cousin) was from MS than why don't you sell them for them. Other than that you will have to go through a FFL to sell them across state lines. I know it can be a pain in the rear. There are also people that will buy the whole lot. But BEWARE YOU WILL LOSE BIG.

How many guns are you talking about? If it's a less than 100 I'd say sell in state.

Hope this helps.
 

· Custodial Engineer at Third Monkey Outfitters
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Tough one..... I know when Magee (Castel in Raymond) passed away.... they were at one time going to come through me to disperse of his weapons.... then the ATF showed up.... took his records and said all those weapons were personal and part of the estate and could be sold w/o an FFL being involved. I found it a bit of an odd perspective but.....

I think the best bet would be to call the ATF and give em the details. Surely they can tell you what needs to be done. ;)
 

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A friend just had a similar situation. Her brother died in LA, and she lived in TX. In her case the few guns became part of his estate and she as executor had to dispose of them. However, she was not the benefactor.. so here is what she did:

Had the collection evaluated (actually by a pawn/gun shop) He was to give the retail value, not what he would offer, but what she should expect to get. This list with dollar amount went to the judge.

She then was able to make a good faith effort to sell the guns. For example she sent me a list of the guns with prices and I could pick a gun and make an offer. Then the "offers" had to go back to judge for approval. I actually said I would buy 2 of them, but that was 8 months ago and I have never heard back. I have no clue as to the status at this point.

Good luck.
 

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Discussion Starter · #5 ·
I will suggest to the executor to call the ATF.

I know we shouldn't go through a dealer, and that selling them privately would recoup the most money. The deceased cousin has an inventory dating from January this year that estimated that the value of the collection as ~ $80,000 "according to Gunbroker.com values". I don't know how many guns there are, but each firearm is itemized by serial number and value, so that work is 'done'.

It was specified that the executor was to be the benefactor of all gun sales. If they are part of the estate, how can I claim to be the owner (when there's an existing executor) in order to sell them here?

Thanks, Gents.
 

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may be best to sell the higer quality guns through gunbroker, you will have a wider group of people looking and bidding on them.

if i am reading this right the executor of the estate is not a MS resident. That being the case, i would contact the ATF and get a reponse from them in writing on how to handle the transfer to ensure that there are no problems for the estate down the road.
 

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ftsibley said:
.. if i am reading this right the executor of the estate is not a MS resident. That being the case, i would contact the ATF and get a reponse from them in writing on how to handle the transfer to ensure that there are no problems for the estate down the road.
In WRITING ..
 
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