New York Probate Attorney Ron L. Meyers can answer questions about assets that will be distributed to beneficiaries of New York Estates after a person dies and a will is filed with New York Surrogate Court. There are regulations set forth in New York’s Secure Ammunition and Firearms Enforcement Act that direct the transfer of guns included in an estate, where probate action will include those specific requirements and guns may be held until a probate action is completed. Executors, or estate administrators should seek the counsel of New York probate attorneys for questions regarding safe transfer, or disposal of this asset.

Firearms and estates.

If a person dies leaving firearms as part of their belongings in an estate, an executor, or administrator of their estate may legally possess the guns for up to 15 days in order to lawfully transfer, or dispose of them. If they cannot do so within that timeframe, they will need to give the firearms to law enforcement officials to hold for safekeeping up to two years, during which probate action will be undertaken to settle the decedent’s estate matters. When an executor does not transfer, or dispose of the firearms given to law enforcement within that two year period, law enforcement officials can have the firearms destroyed. The court appointment of an executor may take some time, but an experienced probate attorney may be able to expediently answer related questions and help resolve this type of concern.

Appointed executor.

An inventory of any pistols and long guns owned by a decedent must be filed with the New York Surrogate Court by the appointed executor. The inventory must have the make, model, gauge, and value of each gun left in a decedent’s personal belongings. A firearms list will remain a sealed document despite the fact that most Surrogate Court documents are available to the public. Information about the list of guns can only be released to immediate family members, or beneficiaries of the estate as interested parties, after they have submitted a completed form to the Surrogate Court.

Federal restrictions.

In addition to New York State rules regarding firearms as a part of an estate, the federal government requires a background check for a firearm to be transferred between parties unless the transfer is between immediate family members.

Seek legal counsel.

Attorney Ron Meyers is a seasoned legal professional who can answer questions related to firearms as part of an estate and help individuals with the preparation and filing of documents that willl reveal firearms details from the New York Surrogate Court.  Probate action may need to be expedited in consideration of the two year timeline in which this asset can be destroyed.

Ron L. Meyers & Associates, PLLC
Address: 475 Park Avenue South, Suite 2100
Manhattan, NY 10016
Phone: 212-644-8787

Sources:

https://safeact.ny.gov/

https://www.nysenate.gov/legislation/laws/EPT

 

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