I finally made it back to my home where I grew up. My father (deceased) has an old JC Higgins Handy Gun. A manufactured .410 pistol. He sent in a Form 4467 back in Dec of 68 during the amnesty of that period. In my research only a $5.00 transfer fee is required for me to legally acquire the firearm.
What procedure do I need to legally take possession of this pistol? My mother is still alive and should be able to sign anything for my dad.
If your mother is the executor of your father's estate, she can transfer it directly to you from the estate on a $5 tax-paid Form 4.
Originally Posted By Circuits:
If your mother is the executor of your father's estate, she can transfer it directly to you from the estate on a $5 tax-paid Form 4.
From the executor to a lawful heir should be on a tax free form 5.
And you don't even have to get a CLEO sign off or pay the $5!
Form 5Wouldn't he still have to get a CLEO signature if it was an individual transfer?? ATF Form 4 and 5 are the same besides one be tax exempt
Originally Posted By jtkline:
Wouldn't he still have to get a CLEO signature if it was an individual transfer?? ATF Form 4 and 5 are the same besides one be tax exempt
A Form 5 to a designated heir needs no CLEO signature per the NFA handbook. I can't tell you why they do it that way...
Originally Posted By CAR-AR-M16:
Originally Posted By Circuits:
If your mother is the executor of your father's estate, she can transfer it directly to you from the estate on a $5 tax-paid Form 4.
From the executor to a lawful heir should be on a tax free form 5.
Originally Posted By bigcbass:
And you don't even have to get a CLEO sign off or pay the $5!
Form 5
He is not the legal heir - his mother is, unless there's a will which says otherwise.
Originally Posted By Circuits:
Originally Posted By CAR-AR-M16:
Originally Posted By Circuits:
If your mother is the executor of your father's estate, she can transfer it directly to you from the estate on a $5 tax-paid Form 4.
From the executor to a lawful heir should be on a tax free form 5.
Originally Posted By bigcbass:
And you don't even have to get a CLEO sign off or pay the $5!
Form 5
He is not the legal heir - his mother is, unless there's a will which says otherwise.
Is the mother the executor or the heir? If no will, she is the heir (surviving spouse) and it would transfer to her on the form 5. She would then do a standard form 4 transfer to the son. If the will lists the son as the heir to the gun, then the mother is the executor of the estate and could do the form 5 to the son.
Originally Posted By CAR-AR-M16:
Originally Posted By Circuits:
Originally Posted By CAR-AR-M16:
Originally Posted By Circuits:
If your mother is the executor of your father's estate, she can transfer it directly to you from the estate on a $5 tax-paid Form 4.
From the executor to a lawful heir should be on a tax free form 5.
Originally Posted By bigcbass:
And you don't even have to get a CLEO sign off or pay the $5!
Form 5
He is not the legal heir - his mother is, unless there's a will which says otherwise.
Is the mother the executor or the heir? If no will, she is the heir (surviving spouse) and it would transfer to her on the form 5. She would then do a standard form 4 transfer to the son. If the will lists the son as the heir to the gun, then the mother is the executor of the estate and could do the form 5 to the son.
My mother is the heir and executor. So I guess she will have to take possession and then transfer to me.
Originally Posted By CAR-AR-M16:
Is the mother the executor or the heir? If no will, she is the heir (surviving spouse) and it would transfer to her on the form 5. She would then do a standard form 4 transfer to the son. If the will lists the son as the heir to the gun, then the mother is the executor of the estate and could do the form 5 to the son.
Not to get too nitpicky, but the mother could be the heir and not the executor, or both the heir and the executor, or the executor but not the heir, or neither heir nor executor.
The simplest case is no will, which makes the surviving spouse both the executor (able to sign documents on behalf of the estate), and the heir.
As OP has gotten back to us that mother is both executor and heir, the quickest/simplest way to get the firearm to him is for the mother to F4 it tax-paid to the son, from the estate.
OP: Your mother does not have to F5 it to herself, first... as the executor, she can F4 it to you direct from your father's estate - $5 and less waiting.
Okay, thanks. Haven't filled any NFA paperwork yet. This will be my first. Waiting to get a Trust for myself to get things started correctly.
