markmcc201 Posted January 17, 2019 Report Share Posted January 17, 2019 Hi all I am new member. I am trying to help a friend who has a couple of WWII dewats with paperwork. I am not sure where to post this question. They were brought back by his uncle who is now deceased and the paperwork is still in his uncles name. Is there a way he can have them transferred to his name? Thanks for your time. Link to comment Share on other sites More sharing options...
ron_brock Posted January 17, 2019 Report Share Posted January 17, 2019 I believe he will need to work with the executor of his uncles estate. The executor can transfer to themself (then him) or may be able to transfer directly to him (the buddy) in the decedents name, it will require proof of executorship, likely a copy of the will and death certificate and possibly a statement about probate. There is a place to fill in the transforer and decedent on the application for transfer. The firearms need to be with the executor until approved. Best to consult an attorney versed in NFA matters. I recently assisted a lady in settling a transfer for her deceased husband and it required the documents mentioned above. Ron Link to comment Share on other sites More sharing options...
Paladin601 Posted January 17, 2019 Report Share Posted January 17, 2019 A firearms attorney is your best bet Link to comment Share on other sites More sharing options...
Black River Militaria CII Posted January 17, 2019 Report Share Posted January 17, 2019 Your friend must understand that his possession of the registered DEWATs is illegal as they are not registered in his name. He is legally vulnerable under ATF regulations as are the guns while having them in his possession. As noted, they are still registered to his deceased uncle and should legally and practically only be in the possession or under the control of the executor of the estate, the person legally designated with authority to handle the affairs of the uncle's estate or the beneficiary of the estate to whom the guns were bequeathed. If the guns were bequeathed to someone, and the estate has not yet been settled, the heir can advise the executor to transfer them to a new registrant. If the estate has been settled, then your friend will have to work with the heir to properly transfer the guns to him. ATF has accepted the signature of an heir for transfers even if the guns are still in the name of the deceased. Also, if there is an heir, legally that person should be in possession and control of the guns and should have them transferred to himself from the estate. If there is no heir for the guns and they remain in the name of the deceased and the estate has been settled, then it gets very complicated.So, if he wants to protect the guns and eventually transfer them to himself, he needs to determine who is the legal representative of his uncle's affairs, the resolution of the estate's assets to determine in who's possession the guns should be. If that person is available, he must contact him and start the process of releasing the guns from the estate. If that person is not available then the complications multiply.Transfer of the guns out of the name of the deceased uncle requires the signature of the uncle's legal representative or the heir. There is virtually no other alternative.If there is a legal representative for his uncle's affairs, or and heir, that person needs to take possession of the guns and make arrangements for their complete security.The above are the basic issues with which he is confronted. FWIW Link to comment Share on other sites More sharing options...
markmcc201 Posted January 17, 2019 Author Report Share Posted January 17, 2019 Thanks for the information. The executor of the estate still has possession of the items. Is there an NFA attorney you would recommend or should I try to find someone locally? He is in WV. Link to comment Share on other sites More sharing options...
The Lone Ranger Posted January 17, 2019 Report Share Posted January 17, 2019 If the estate has closed, then maybe he needs a lawyer to re-open it but if it's still active, there is no reason to spend the money unless it's theraputic. The executor simply transfers to whoever as allowed by state law. Nephews generally aren't top of the pecking order so maybe some others like a spouse, children, brothers/sisters, parents need to decline. If no one in front wants it then the executor transfers; follow the form instructions + include a copy of the death certificate and executor/executrix appointment. Link to comment Share on other sites More sharing options...
mnshooter Posted February 17, 2019 Report Share Posted February 17, 2019 (edited) Haven't seen it mentioned here, but if you don't know, the form used for a tax free transfer of a dewat is ATF form 5320.5The current form and lots of information regarding it is available on a search. FWIW, when I did one of these, ATF wanted a copy of the death certificate, and a copy of the Executor's authorization. Edited February 17, 2019 by mnshooter Link to comment Share on other sites More sharing options...
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