Class III owner passed away and was likely intestate; what do I tell the common-law-wife about transferring several suppressors

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  • Monster Man

    Plinker
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    3   0   0
    Jan 29, 2010
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    Hamilton County
    An acquaintance of a friend passed away of a heart attack at a young age. He had several silencers and the paperwork has been found. I was referred to the common-law-wife as someone who could advise her about how to dispose of them. Thus far, a will has not been discovered, and there may not be one to be found. Can anyone tell me where to find the specific regulations to research? I know that they can be transferred without paying the tax, but not sure it can be handled that way without a will. If no will is discovered, can they be sold to a Class III dealer? Any information from those in the know will be appreciated. I am hesitant to contact the ATF until I have more information.
     

    BoilerMakerME

    Plinker
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    Feb 15, 2013
    97
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    The only tax free way to transfer is on a Form 5, if there is a named beneficiary in a will. Otherwise, looks like someone's going to have to pay the tax. I'd contact lawyer first, the ATF would just want to confiscate them if there is no responsible owner, but if a lawyer works with them they could allow them to be retained in the possession of an SOT until a Form 4 could be approved. Problem is you might have to pay $400 in tax, $200 to get them into the inventory of the SOT, then $200 to get them on a Form 4 to you.
     

    Cameramonkey

    www.thechosen.tv
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    May 12, 2013
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    The only tax free way to transfer is on a Form 5, if there is a named beneficiary in a will. Otherwise, looks like someone's going to have to pay the tax. I'd contact lawyer first, the ATF would just want to confiscate them if there is no responsible owner, but if a lawyer works with them they could allow them to be retained in the possession of an SOT until a Form 4 could be approved. Problem is you might have to pay $400 in tax, $200 to get them into the inventory of the SOT, then $200 to get them on a Form 4 to you.

    Which is why they are ultimately going to be lost in a tragic boating accident.
     

    M1CARBINE

    Plinker
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    0   0   0
    Jun 25, 2018
    36
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    Valparaiso
    The only tax free way to transfer is on a Form 5, if there is a named beneficiary in a will. Otherwise, looks like someone's going to have to pay the tax. I'd contact lawyer first, the ATF would just want to confiscate them if there is no responsible owner, but if a lawyer works with them they could allow them to be retained in the possession of an SOT until a Form 4 could be approved. Problem is you might have to pay $400 in tax, $200 to get them into the inventory of the SOT, then $200 to get them on a Form 4 to you.
    You are partially correct, beneficiary doesn't need to be specifically named. Who ever is the person handling the estate can sign off on the form 5, if the new owner is family or friend . I have dealt with this on 4 different occasions in the last 10 years . Surprisingly the ATF expedites these transactions so they stay on the books. You should 100% run this by an attorney as well
     

    Monster Man

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    3   0   0
    Jan 29, 2010
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    8
    Hamilton County
    All good info so far. On Wednesday I will have the first chance of seeing what suppressors the deceased owned and will inspect the paperwork and match it all up. I know there is an attorney....friend of the lady......but she no longer handles contested wills; apparently some brothers and sisters are hovering close expecting a big payday. I am hoping there are no Class III firearms when I get there, as that will just complicate the situation even more.

    Does anyone know of a good attorney that is in the Indianapolis area that has experience with NFA issues? I surely hope a will is discovered. Apparently there is a bank lock box that has yet to be inspected as the significant other, brothers and sisters and an attorney must be present when it is opened......at least that is what I was told.
     

    shootersix

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    Mar 10, 2009
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    I purchased my can from the estate of a good friend who passed, yes an attorney with firearms knowledge will be very helpful (preferably class 3) luckily for me, his lawyer was!
    I did have to pay the transfer tax, I also had to do everything you would have to do if you purchased it from a dealer (fingerprint, passport photo and so on) but I also had to submit a copy of the death certificate and power of attorney, the suppressor was held by the attorney till the i was approved to own it, the process wasn’t expedited, it took 9 months, and that included the atf contacting the attorney to resubmit the power of attorney and death certificate (yes like any good government agency they lost those items)
     

    MCgrease08

    Grandmaster
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    Mar 14, 2013
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    Earth
    A second for Marc Halata. He's who I used to set up my trust. Very responsive and knows his stuff.

     

    Indyplinkster

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    2   0   0
    Dec 29, 2020
    8
    8
    Greenwood
    I went through this after my grandfather passed and I inherited some of this class 3 items with no will. I had to pay $200 tax per item. I just kept them in his safe as they were until I got the stamps in hand. The ATF did not want to take them away and was helpful.
     

    BGDave

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    Sep 15, 2011
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    Beech Grove
    You are partially correct, beneficiary doesn't need to be specifically named. Who ever is the person handling the estate can sign off on the form 5, if the new owner is family or friend . I have dealt with this on 4 different occasions in the last 10 years . Surprisingly the ATF expedites these transactions so they stay on the books. You should 100% run this by an attorney as well
    I realize this is old. But, this guy right here. Form 5 must be signed off by the executor of the estate. And, yes, BATF is very helpful on form 5s and they are expeditious.
     

    nra4ever

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    Dec 19, 2011
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    Indy
    If this happened in Indiana there are already laws in place to find the intestate successor. The woman he was living with unfortunately is not in that line of succession. To sell or transfer to anyone else would be against the law.
     

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