Archived Posts » 59,757,950
Any way around being a administrator for a estate to get guns back from the police?
7/27/2011 10:36:04 PM
A few months ago my dads uncle died, he had no kids & was never married. When he was found dead the police took his gun collection for safe keeping while emts or whatever went through the house. Now they said in order for my father to get the guns from them he has to be the administrator to his uncles estate. The problem is every lawyer he spoke to wants thousands of dollars to do that.
My question is, is there any way besides being the administrator to get the guns back?
ETA
His uncle had no will.
Thanks
My question is, is there any way besides being the administrator to get the guns back?
ETA
His uncle had no will.
Thanks
7/27/2011 10:43:07 PM
If he is the sole survivor would they not go to him? just a shot in the dark
7/27/2011 11:14:40 PM
I am not an Ohio lawyer, but it should work something like this:
First, you and your dad need to determine if your uncle had a will. Check the papers in his house, any safe deposit box, or maybe check to see if he had a lawyer––many lawyers will keep the will for safekeeping. If there is a will, then it will likely name someone as executor. The executor would need to take the will down to the courthouse, move to admit it to probate, and qualify as executor.
If there is no will, then someone, usually one of the heirs, can go down to the courthouse and qualify as administrator. This usually involves filing a sworn affidavit on a form they will give you and paying a modest fee.
The executor or administrator is a fiduciary. He has an obligation to collect all of the decedent's property (including the guns from the police), pay off the creditors, then distribute the remaining property to the heirs or devisees. The state code should specify who gets the property if there is no will. Usually it goes: spouse if there is on, then kids if any, then parents if living, then siblings if any, then grandparents if living, then cousins, etc.
Depending on much property is involved, the adminsitrator or executor should probably consult a lawyer, because he is liable if he doesn't handle the property correctly.
First, you and your dad need to determine if your uncle had a will. Check the papers in his house, any safe deposit box, or maybe check to see if he had a lawyer––many lawyers will keep the will for safekeeping. If there is a will, then it will likely name someone as executor. The executor would need to take the will down to the courthouse, move to admit it to probate, and qualify as executor.
If there is no will, then someone, usually one of the heirs, can go down to the courthouse and qualify as administrator. This usually involves filing a sworn affidavit on a form they will give you and paying a modest fee.
The executor or administrator is a fiduciary. He has an obligation to collect all of the decedent's property (including the guns from the police), pay off the creditors, then distribute the remaining property to the heirs or devisees. The state code should specify who gets the property if there is no will. Usually it goes: spouse if there is on, then kids if any, then parents if living, then siblings if any, then grandparents if living, then cousins, etc.
Depending on much property is involved, the adminsitrator or executor should probably consult a lawyer, because he is liable if he doesn't handle the property correctly.
7/27/2011 11:37:47 PM
Originally Posted By MikeDeltaFoxtrot:
I am not an Ohio lawyer, but it should work something like this:
First, you and your dad need to determine if your uncle had a will. Check the papers in his house, any safe deposit box, or maybe check to see if he had a lawyer––many lawyers will keep the will for safekeeping. If there is a will, then it will likely name someone as executor. The executor would need to take the will down to the courthouse, move to admit it to probate, and qualify as executor.
If there is no will, then someone, usually one of the heirs, can go down to the courthouse and qualify as administrator. This usually involves filing a sworn affidavit on a form they will give you and paying a modest fee.
The executor or administrator is a fiduciary. He has an obligation to collect all of the decedent's property (including the guns from the police), pay off the creditors, then distribute the remaining property to the heirs or devisees. The state code should specify who gets the property if there is no will. Usually it goes: spouse if there is on, then kids if any, then parents if living, then siblings if any, then grandparents if living, then cousins, etc.
Depending on much property is involved, the adminsitrator or executor should probably consult a lawyer, because he is liable if he doesn't handle the property correctly.
I am not an Ohio lawyer, but it should work something like this:
First, you and your dad need to determine if your uncle had a will. Check the papers in his house, any safe deposit box, or maybe check to see if he had a lawyer––many lawyers will keep the will for safekeeping. If there is a will, then it will likely name someone as executor. The executor would need to take the will down to the courthouse, move to admit it to probate, and qualify as executor.
If there is no will, then someone, usually one of the heirs, can go down to the courthouse and qualify as administrator. This usually involves filing a sworn affidavit on a form they will give you and paying a modest fee.
The executor or administrator is a fiduciary. He has an obligation to collect all of the decedent's property (including the guns from the police), pay off the creditors, then distribute the remaining property to the heirs or devisees. The state code should specify who gets the property if there is no will. Usually it goes: spouse if there is on, then kids if any, then parents if living, then siblings if any, then grandparents if living, then cousins, etc.
Depending on much property is involved, the adminsitrator or executor should probably consult a lawyer, because he is liable if he doesn't handle the property correctly.
You pretty much need an attorney. The estate pays for the attorney, so whatever cash your uncle had on hand can go to the fees. If there is not a lot of cash, vehicles and other items that are easily sold can help pay the fee.
An estate lawyer is important here. You don't know what assets your uncle had. I assume he owned his home and that it is worth more than any debt that could be applied against it. You also need to find out about pensions and insurance policies he may have had. Don't just shrug it off - if he was old enough, there may be benefits from previous employers, from mortgage insurance policies, or other stuff that you wouldn't expect.
7/27/2011 11:49:00 PM
Contact state police, report guns as stolen by local pd.
Eta: if that won't work, contact ATF, your local state rep, and local da.
Ask PD to cite statute that allows them to remove property without permission from owner.
Eta: if that won't work, contact ATF, your local state rep, and local da.
Ask PD to cite statute that allows them to remove property without permission from owner.
7/28/2011 5:07:33 PM
Originally Posted By sigp226:
You pretty much need an attorney. The estate pays for the attorney, so whatever cash your uncle had on hand can go to the fees. If there is not a lot of cash, vehicles and other items that are easily sold can help pay the fee.
An estate lawyer is important here. You don't know what assets your uncle had. I assume he owned his home and that it is worth more than any debt that could be applied against it. You also need to find out about pensions and insurance policies he may have had. Don't just shrug it off - if he was old enough, there may be benefits from previous employers, from mortgage insurance policies, or other stuff that you wouldn't expect.
You pretty much need an attorney. The estate pays for the attorney, so whatever cash your uncle had on hand can go to the fees. If there is not a lot of cash, vehicles and other items that are easily sold can help pay the fee.
An estate lawyer is important here. You don't know what assets your uncle had. I assume he owned his home and that it is worth more than any debt that could be applied against it. You also need to find out about pensions and insurance policies he may have had. Don't just shrug it off - if he was old enough, there may be benefits from previous employers, from mortgage insurance policies, or other stuff that you wouldn't expect.
This man speaks the truth. My mom died intestate as well, and the attorney ended up saving us more than his fee.
That said, I had to pay his retainer up front and the estate reimbursed me several weeks later once the administrator was appointed and could access Mom's accounts.
7/28/2011 9:10:34 PM
Originally Posted By Justin3:
Contact state police, report guns as stolen by local pd.
Eta: if that won't work, contact ATF, your local state rep, and local da.
Ask PD to cite statute that allows them to remove property without permission from owner.
Contact state police, report guns as stolen by local pd.
Eta: if that won't work, contact ATF, your local state rep, and local da.
Ask PD to cite statute that allows them to remove property without permission from owner.
Not helpful.
7/29/2011 7:56:54 AM
Originally Posted By Bubbles:
This man speaks the truth. My mom died intestate as well, and the attorney ended up saving us more than his fee.
That said, I had to pay his retainer up front and the estate reimbursed me several weeks later once the administrator was appointed and could access Mom's accounts.
Originally Posted By sigp226:
You pretty much need an attorney. The estate pays for the attorney, so whatever cash your uncle had on hand can go to the fees. If there is not a lot of cash, vehicles and other items that are easily sold can help pay the fee.
An estate lawyer is important here. You don't know what assets your uncle had. I assume he owned his home and that it is worth more than any debt that could be applied against it. You also need to find out about pensions and insurance policies he may have had. Don't just shrug it off - if he was old enough, there may be benefits from previous employers, from mortgage insurance policies, or other stuff that you wouldn't expect.
You pretty much need an attorney. The estate pays for the attorney, so whatever cash your uncle had on hand can go to the fees. If there is not a lot of cash, vehicles and other items that are easily sold can help pay the fee.
An estate lawyer is important here. You don't know what assets your uncle had. I assume he owned his home and that it is worth more than any debt that could be applied against it. You also need to find out about pensions and insurance policies he may have had. Don't just shrug it off - if he was old enough, there may be benefits from previous employers, from mortgage insurance policies, or other stuff that you wouldn't expect.
This man speaks the truth. My mom died intestate as well, and the attorney ended up saving us more than his fee.
That said, I had to pay his retainer up front and the estate reimbursed me several weeks later once the administrator was appointed and could access Mom's accounts.
Speaking from a similar experience I would say it all depends on your uncles assets, if he did not have anything hiring a lawer might be throwing money in the garbage. Being made the administrator is not a big deal. Depending on his assets taking care of things should be rather straight forward.
7/29/2011 1:03:49 PM
Originally Posted By Justin3:
Contact state police, report guns as stolen by local pd. Hold phone at least 12 inches away from your ear as the state police laugh hysterically at your stupidity.
Eta: if that won't work, contact ATF, your local state rep, and local da. Each time, hold the phone at least 12 inches away from your ear as each party laughs hysterically at your stupidity.
Ask PD to cite statute that allows them to remove property without permission from (the dead) owner. Then be proud of your bad self because "you really showed them".
Contact state police, report guns as stolen by local pd. Hold phone at least 12 inches away from your ear as the state police laugh hysterically at your stupidity.
Eta: if that won't work, contact ATF, your local state rep, and local da. Each time, hold the phone at least 12 inches away from your ear as each party laughs hysterically at your stupidity.
Ask PD to cite statute that allows them to remove property without permission from (the dead) owner. Then be proud of your bad self because "you really showed them".
Fixed it for ya.
7/29/2011 6:47:48 PM
Originally Posted By StephenNW:
Fixed it for ya.
Originally Posted By Justin3:
Contact state police, report guns as stolen by local pd. Hold phone at least 12 inches away from your ear as the state police laugh hysterically at your stupidity.
Eta: if that won't work, contact ATF, your local state rep, and local da. Each time, hold the phone at least 12 inches away from your ear as each party laughs hysterically at your stupidity.
Ask PD to cite statute that allows them to remove property without permission from (the dead) owner. Then be proud of your bad self because "you really showed them".
Contact state police, report guns as stolen by local pd. Hold phone at least 12 inches away from your ear as the state police laugh hysterically at your stupidity.
Eta: if that won't work, contact ATF, your local state rep, and local da. Each time, hold the phone at least 12 inches away from your ear as each party laughs hysterically at your stupidity.
Ask PD to cite statute that allows them to remove property without permission from (the dead) owner. Then be proud of your bad self because "you really showed them".
Fixed it for ya.
7/29/2011 6:54:12 PM
Looks like Ohio has a small estates probate procedure with assets under 35k that requires less paperwork
there is also "summary release from administration” which might apply to really small estates.
You might want to read up on this stuff first and swing by your probate court and ask some questions. If it's a big city/county they'll probably tell you to fuck off, if it's the sticks and you are polite the girls might tell you how to fill out the paperwork, although they are not supposed to. You can also try the old trick of filling the paperwork out yourself and if you fuck it up enough times the judge will eventually get sick of you and just fix it all for you. 
Note none of this is legal advice, hire a lawyer, in fact hire a lawyer to follow you everywhere and advise you on everything, you cannot be TOO CAREFUL or spend TOO MUCH on lawyers!
7/29/2011 6:55:22 PM
Originally Posted By Justin3:
Contact state police, report guns as stolen by local pd.
Eta: if that won't work, contact ATF, your local state rep, and local da.
Ask PD to cite statute that allows them to remove property without permission from owner.
Contact state police, report guns as stolen by local pd.
Eta: if that won't work, contact ATF, your local state rep, and local da.
Ask PD to cite statute that allows them to remove property without permission from owner.
I'd even wait outside with a video camera for those bastards to be dragged away in chains, hell try a citizens arrest, but remember to bring LOTS of handcuffs.
7/29/2011 7:12:31 PM
Originally Posted By Aimless:
Looks like Ohio has a small estates probate procedure with assets under 35k that requires less paperwork
Looks like Ohio has a small estates probate procedure with assets under 35k that requires less paperwork
there is also "summary release from administration” which might apply to really small estates.
You might want to read up on this stuff first and swing by your probate court and ask some questions. If it's a big city/county they'll probably tell you to fuck off, if it's the sticks and you are polite the girls might tell you how to fill out the paperwork, although they are not supposed to. You can also try the old trick of filling the paperwork out yourself and if you fuck it up enough times the judge will eventually get sick of you and just fix it all for you.
Note none of this is legal advice, hire a lawyer, in fact hire a lawyer to follow you everywhere and advise you on everything, you cannot be TOO CAREFUL or spend TOO MUCH on lawyers!
Most states have a procedure for small estates. The exact definition varies from state to state of course. Often such small estate administration procedures do not require a court filing.
7/30/2011 10:02:15 AM
Originally Posted By Aimless:
Looks like Ohio has a small estates probate procedure with assets under 35k that requires less paperwork
Looks like Ohio has a small estates probate procedure with assets under 35k that requires less paperwork
there is also "summary release from administration” which might apply to really small estates.
You might want to read up on this stuff first and swing by your probate court and ask some questions. If it's a big city/county they'll probably tell you to fuck off, if it's the sticks and you are polite the girls might tell you how to fill out the paperwork, although they are not supposed to. You can also try the old trick of filling the paperwork out yourself and if you fuck it up enough times the judge will eventually get sick of you and just fix it all for you.
Note none of this is legal advice, hire a lawyer, in fact hire a lawyer to follow you everywhere and advise you on everything, you cannot be TOO CAREFUL or spend TOO MUCH on lawyers!
How much would you charge to go in front of me instead of follow me?
7/30/2011 1:12:31 PM
Originally Posted By sigp226:
How much would you charge to go in front of me instead of follow me?
Originally Posted By Aimless:
Looks like Ohio has a small estates probate procedure with assets under 35k that requires less paperwork
Looks like Ohio has a small estates probate procedure with assets under 35k that requires less paperwork
there is also "summary release from administration” which might apply to really small estates.
You might want to read up on this stuff first and swing by your probate court and ask some questions. If it's a big city/county they'll probably tell you to fuck off, if it's the sticks and you are polite the girls might tell you how to fill out the paperwork, although they are not supposed to. You can also try the old trick of filling the paperwork out yourself and if you fuck it up enough times the judge will eventually get sick of you and just fix it all for you.
Note none of this is legal advice, hire a lawyer, in fact hire a lawyer to follow you everywhere and advise you on everything, you cannot be TOO CAREFUL or spend TOO MUCH on lawyers!
How much would you charge to go in front of me instead of follow me?
We charge double for that.
