Transfer upon death of owner

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  • saln

    Active Member
    Dec 28, 2008
    209
    What happens when a spouse dies that owned firearms. Do they transfer to the surviving spouse? Is paperwork required?

    If they do, can the surviving spouse transfer f to f to another WV resident?

    I have read allot of WV law but cant find the answer.

    Thank You
     

    tallen702

    Ultimate Member
    MDS Supporter
    Sep 3, 2012
    5,102
    In the boonies of MoCo
    If there was no will, and so long as there are no descendants involved, everything automatically transfers to the surviving spouse. If the deceased had any legally recognized children, the surviving spouse inherits 3/5 and the children inherit 2/5 which means probate court will be necessary to figure out who gets what. If the latter is the case, you'd have to wait for everything to clear probate to be able to legally sell any of the firearms because they don't automatically transfer as the kids would have the right to seek claim on them.
     

    Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,282
    HoCo
    If there was no will, and so long as there are no descendants involved, everything automatically transfers to the surviving spouse. If the deceased had any legally recognized children, the surviving spouse inherits 3/5 and the children inherit 2/5 which means probate court will be necessary to figure out who gets what. If the latter is the case, you'd have to wait for everything to clear probate to be able to legally sell any of the firearms because they don't automatically transfer as the kids would have the right to seek claim on them.

    Thats a WV Law?
    Is that also the case in MD?
     

    saln

    Active Member
    Dec 28, 2008
    209
    If there was no will, and so long as there are no descendants involved, everything automatically transfers to the surviving spouse. If the deceased had any legally recognized children, the surviving spouse inherits 3/5 and the children inherit 2/5 which means probate court will be necessary to figure out who gets what. If the latter is the case, you'd have to wait for everything to clear probate to be able to legally sell any of the firearms because they don't automatically transfer as the kids would have the right to seek claim on them.

    What if there was a will and 4 minor children?

    Does the will specifically have to include the firearms? Or is it considered joint property like everything else, just goes to the spouse?
     

    tallen702

    Ultimate Member
    MDS Supporter
    Sep 3, 2012
    5,102
    In the boonies of MoCo
    Thats a WV Law?
    Is that also the case in MD?

    WV law, not sure for MD. We had to deal with that when an uncle died a little while back.


    What if there was a will and 4 minor children?

    Does the will specifically have to include the firearms? Or is it considered joint property like everything else, just goes to the spouse?

    The will shouldn't need to specifically include the firearms. Generally speaking, the will would stipulate what the minor children are supposed to get and under what stipulations. At that point, anything not specifically stated as going to any other heir would transfer to the spouse. The will helps skip probate on tons of things and non-NFA firearms aren't subject to probate in my understanding of the law. That said, I am not legally licensed to practice law in the State of West Virginia nor am I a lawyer or do I intend to represent myself as such. I just know what we had to go through with my uncle and what my parents have had to look at with their wills. It's always a good idea to give a lawyer a call. They can likely clear up your question for a minimal fee (probably $50-$100 max). Alternatively, you can call the clerk of the court and see what they say.

    NFA Firearms, however, are subject to probate which is why a NFA trust is always a good idea.
     

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