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Suppressor question... death pending...


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My wifes brother who legally owns a suppressor here in CT, is on his death bed. No will. No other weapons. His .22lr can is at his apartment unsecured and is expected to pass in a day or two and he is not able to speak. The question is, what can his only relative (in state) do? The brother does have an attorney but is a divorce attorney. My guess is a ATF Form 5 but can the sister grab the can now so it does not disappear?

 

Thanks in advance.

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Just go pick it up, smash it flat with a hammer and turn it over to the local PD. It's got no real monetary value and the paperwork is more of a hassle than the can is worth considering there's no will.

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6 hours ago, Chef said:

Just go pick it up, smash it flat with a hammer and turn it over to the local PD. It's got no real monetary value and the paperwork is more of a hassle than the can is worth considering there's no will.

If you do this, be sure to get a receipt from PD and notify NFA.

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Had a similar situation happen just a few weeks ago.

The ATF will want the person inheriting his estate (aka wife, son, etc.) whether determined by Probate/will etc. to send them a document attesting to that fact along with a copy of the  Death Certificate. You'll need to attached a copy of the original form 4 for the NFA item in question along with a completed form 5, make sure to complete the box mentioning the death of the owner on the form 5. Then be prepared for a long wait!

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Just go pick it up, smash it flat with a hammer and turn it over to the local PD. It's got no real monetary value and the paperwork is more of a hassle than the can is worth considering there's no will.

This is true in many cases when there is a very cheap, obsolete or shot-out suppressor that is not wanted by any heirs of the estate, but I don't think it's good general advice.

The lack of a will is no impediment to distributing it to one or more lawful heirs on a Form 5, if they want it. People die intestate (without a will) all the time but their estate still gets an executor or personal representative to wind up their affairs, and the executor can transfer the device tax-free to whoever the next of kin are under state law, with only a Form 5 and fingerprints.

The big advantage of a will is that it allows you to make a specific tax free bequest to someone you know will want it and is willing to go through the rigamarole to be fingerprinted and take possession after the form is approved. Does not need to be a relative. But if you go to this much trouble to write your will, perhaps it's better to have a trust in the first place.

The Form 5's go through pretty quick and it should not take the executor more than three or four months to wind this up and deliver the item to the recipient.

The executor can also do a Form 4 transfer to an individual in the same state. Some suppressors are well over $1000 to buy new, and if an estate has one that is in good shape and can find an in-state buyer, both sides will be happy.

Also, there are certain suppressors that are collectible, typically for their historic value, so even a weatherbeaten old hunk of metal may have value to a collector if it's one that was issued to the SEALs or other rock-star units.

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6 hours ago, Christof Stehpinkler said:

Just go pick it up, smash it flat with a hammer and turn it over to the local PD. It's got no real monetary value and the paperwork is more of a hassle than the can is worth considering there's no will.

This is true in many cases when there is a very cheap, obsolete or shot-out suppressor that is not wanted by any heirs of the estate, but I don't think it's good general advice.

The lack of a will is no impediment to distributing it to one or more lawful heirs on a Form 5, if they want it. People die intestate (without a will) all the time but their estate still gets an executor or personal representative to wind up their affairs, and the executor can transfer the device tax-free to whoever the next of kin are under state law, with only a Form 5 and fingerprints.

The big advantage of a will is that it allows you to make a specific tax free bequest to someone you know will want it and is willing to go through the rigamarole to be fingerprinted and take possession after the form is approved. Does not need to be a relative. But if you go to this much trouble to write your will, perhaps it's better to have a trust in the first place.

The Form 5's go through pretty quick and it should not take the executor more than three or four months to wind this up and deliver the item to the recipient.

The executor can also do a Form 4 transfer to an individual in the same state. Some suppressors are well over $1000 to buy new, and if an estate has one that is in good shape and can find an in-state buyer, both sides will be happy.

Also, there are certain suppressors that are collectible, typically for their historic value, so even a weatherbeaten old hunk of metal may have value to a collector if it's one that was issued to the SEALs or other rock-star units.

My reply you quoted was in response specifically to the OPs situation where he described the decedent's can as being a .22 can and what appears to be his only NFA item.
He mentioned it's an ACC Element, which is a decade+ old can that retailed for $400 new.
And considering the hassle most people have with inheritance transfers, and the amount of paperwork usually required by the ATF to successfully complete a form 5 transfer, and the fact that most people don't adequately prepare for their demise paperwork wise, is tracking down a death certificate, dealing with a possible probate situation because there is no will, and therefore no executor, worth all the trouble for a obsolete rimfire can that has a value probably around $200 if it were on a form 3 and no actual value once registered to an individual and you have to pay the transfer tax to sell it?

If the decedent had all of his ducks in a row, with a well laid out will and executor, then simply filling out a form 5 and submitting the proper documents would be worth it if the item(s) either had a significant value or they were wanted by the person named in the will.

It's a juice -vs- squeeze situation.

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