Wills, underage children, and firearms? Legal questions

Discussion in 'Firearm Related' started by Wheedle, Jul 8, 2018.

  1. Wheedle

    Wheedle Active Member

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    I know I'm long overdue on drawing up a will...
    I have a very soon to be 7 yr old son that I want to ensure will recieve all of my firearms should something unexpected happen to me. I have a local attourney that I am considering. He handled our home closing, and I just like the guy. He's also very well recommended among friends. I like to do a bit of research before starting things in earnest. So, is there a good legal way to stipulate that all of my firearms and equipment be held for him until he reaches the legal age to take ownership? I have no NFA items. I believe my wife would follow my wishes, she knows I want it all to be kept for him, but I want to be as sure as possible. I am especially concerned wih an 80+ year old .22 that has been in my family since new.

    Thanks!
     
  2. moe mensale

    moe mensale Well-Known Member

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    I set up a revocable living trust to transfer my NFA items to my adult son. I'll be putting all my non-NFA firearms into the Trust also. The Trust avoids going through probate. I don't know what issues are involved with a minor child though.
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I agree, a Trust is probably the best way to do this, rather than a will. don't put all of your property in the trust just the things that the kid should not be able to sell ---or at least not until he is a mature adult who has owns a thing for many years.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    PS I'm not an estate planning attorney, but I believe the rule by default is that if a minor inherits something that is either illegal for him to own (at his current age) or it is simply unwise and negligent for him to have (at his current age), then somebody will be appointed a trustee to hold that thing for him. Usually that would be the surviving parent, or a grandparent that has custody of him . I don't think this requires a formal trust, but it will be an informal unwritten trust that is implied and which the courts will recognize whenever a minor is given stuff that a minor cannot adequately manage.
     
  5. AzB

    AzB Well-Known Member

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    With a trust, you can appoint a trustee that will hold items until the beneficiary is old enough. Otherwise, the executor of your will or probate will assign someone.