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Felon wants guns back that he gave to my uncle before death. How to proceed?

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prdawg

Junior Member
I am from Michigan.

I am the personal representative for my uncle who died in June 2015. Before his death, a friend of his committed a felony (Controlled Substance-Delivery/Manufacture Marijuana). He had some guns which he gave to my uncle (assuming he could not keep them and had to give them to someone or they would be taken by authorities) He as released from prison in December of 2014.

The guns are being held as part of the estate at this time. The estate does have debt that needs to be paid. However, there should be enough to cover any debts once my uncle's home sells (currently on the market). The felon's attorney sent me a letter last week asking what my intentions are with the guns. He said if I do not respond in ten days he will be taking action to recover the guns for his client (and seeking his attorney fees and costs associated).

My thoughts are as follows:

1. The guns are technically an asset of the estate at this point.
2. There are debts against the estate the need to be paid.
3. He is a felon and unable to possess a firearm in Michigan (until 5 years after he is released from prison and pays his fines) to my understanding.

I am on the fence in regards to my desire to keep (and potentially sell) the guns or to give the guns to someone else for them to keep on his behalf.

Thoughts on how I should proceed?
 


LdiJ

Senior Member
I am from Michigan.

I am the personal representative for my uncle who died in June 2015. Before his death, a friend of his committed a felony (Controlled Substance-Delivery/Manufacture Marijuana). He had some guns which he gave to my uncle (assuming he could not keep them and had to give them to someone or they would be taken by authorities) He as released from prison in December of 2014.

The guns are being held as part of the estate at this time. The estate does have debt that needs to be paid. However, there should be enough to cover any debts once my uncle's home sells (currently on the market). The felon's attorney sent me a letter last week asking what my intentions are with the guns. He said if I do not respond in ten days he will be taking action to recover the guns for his client (and seeking his attorney fees and costs associated).

My thoughts are as follows:

1. The guns are technically an asset of the estate at this point.
2. There are debts against the estate the need to be paid.
3. He is a felon and unable to possess a firearm in Michigan (until 5 years after he is released from prison and pays his fines) to my understanding.

I am on the fence in regards to my desire to keep (and potentially sell) the guns or to give the guns to someone else for them to keep on his behalf.

Thoughts on how I should proceed?
I would contact the police to discuss the matter and perhaps turn the guns over to them. I am really surprised that the guy's attorney is getting involved in this.
 

Zigner

Senior Member, Non-Attorney
I am from Michigan.

I am the personal representative for my uncle who died in June 2015. Before his death, a friend of his committed a felony (Controlled Substance-Delivery/Manufacture Marijuana). He had some guns which he gave to my uncle (assuming he could not keep them and had to give them to someone or they would be taken by authorities) He as released from prison in December of 2014.

The guns are being held as part of the estate at this time. The estate does have debt that needs to be paid. However, there should be enough to cover any debts once my uncle's home sells (currently on the market). The felon's attorney sent me a letter last week asking what my intentions are with the guns. He said if I do not respond in ten days he will be taking action to recover the guns for his client (and seeking his attorney fees and costs associated).

My thoughts are as follows:

1. The guns are technically an asset of the estate at this point.
2. There are debts against the estate the need to be paid.
3. He is a felon and unable to possess a firearm in Michigan (until 5 years after he is released from prison and pays his fines) to my understanding.

I am on the fence in regards to my desire to keep (and potentially sell) the guns or to give the guns to someone else for them to keep on his behalf.

Thoughts on how I should proceed?
Based on your story, the guns are NOT a part of the estate. I would suggest that you contact the police and offer to turn the guns over to them on behalf of the estate. Then the felon can head on over and recover his property from them.
 

prdawg

Junior Member
Thanks for responding.

What tells you that the guns are not part of the estate? Is this because it is related to a arrest situation? The letter that was signed by my uncle and the felon appears to transfer ownership to my uncle.
 

Zigner

Senior Member, Non-Attorney
Thanks for responding.

What tells you that the guns are not part of the estate? Is this because it is related to a arrest situation? The letter that was signed by my uncle and the felon appears to transfer ownership to my uncle.
It appears to me that they were transferred to be held in trust for the felon, not as a true transfer of ownership.
 

LdiJ

Senior Member
Thanks for responding.

What tells you that the guns are not part of the estate? Is this because it is related to a arrest situation? The letter that was signed by my uncle and the felon appears to transfer ownership to my uncle.
In that case they ARE part of the estate because ownership was transferred to your uncle. However, unless they are worth a great deal I would still tend to favor turning them over to the police.
 

Silverplum

Senior Member
Thanks for responding.

What tells you that the guns are not part of the estate? Is this because it is related to a arrest situation? The letter that was signed by my uncle and the felon appears to transfer ownership to my uncle.
What letter? The one you did not mention in the first post?

If I leave my car at your house for a few months while I go to Paris and you die, does your estate own my car?
 

FlyingRon

Senior Member
You'd be a fool to given them over directly. It sounds like this guy isn't even allowed to possess the gun. Even if MY attorney said that the guns belong to the felon, I'd do the transfer through an FFL.
 

LdiJ

Senior Member
What letter? The one you did not mention in the first post?

If I leave my car at your house for a few months while I go to Paris and you die, does your estate own my car?
The scenario is not quite the same. You are not disallowed from owning a car.
 

Silverplum

Senior Member
The scenario is not quite the same. You are not disallowed from owning a car.
That doesn't mean the estate can SELL them and KEEP the money or use it to pay debts.

It's not the executor's business whether or not the guns are legal for the felon to possess. Unless there are more factoids, the guns do not belong to the estate.
 

prdawg

Junior Member
My apologies, I did not make it clear. There was a hand written letter that was signed by the felon and my uncle.

This is what the letter said (leaving typos/misspellings for accuracy):



RECEIPT

RECEIVED of <attorney's name>, the following:

<typed description and serial number of 9 guns>

Dated: 12/8/13
<uncle's signature>
<uncle's name>

I, <felon's name>, relenquish ownership of my guns to <uncle's name>

<Description and serial number of 9 guns>

<felon's signature>
<uncle's signature>

11/7/2013


The top part was typed, the second part was hand written. I think they tried to make it more professional through the attorney later.

Does a letter like this transfer ownership? ....or does this sound like a letter that is for temporary holding?

What is an FFL?

Thanks for your help everyone.
 

Zigner

Senior Member, Non-Attorney
My apologies, I did not make it clear. There was a hand written letter that was signed by the felon and my uncle.

This is what the letter said (leaving typos/misspellings for accuracy):



RECEIPT

RECEIVED of <attorney's name>, the following:

<typed description and serial number of 9 guns>

Dated: 12/8/13
<uncle's signature>
<uncle's name>

I, <felon's name>, relenquish ownership of my guns to <uncle's name>

<Description and serial number of 9 guns>

<felon's signature>
<uncle's signature>

11/7/2013


The top part was typed, the second part was hand written. I think they tried to make it more professional through the attorney later.

Does a letter like this transfer ownership? ....or does this sound like a letter that is for temporary holding?

What is an FFL?

Thanks for your help everyone.
It sounds like the guns were to be held in trust. Seek the guidance of an attorney.
 

prdawg

Junior Member
I am leaning toward just turning them over to the county sheriff and directing the felon's attorney there to recover the firearms when his client is allowed to possess them once again.
 

LdiJ

Senior Member
I am leaning toward just turning them over to the county sheriff and directing the felon's attorney there to recover the firearms when his client is allowed to possess them once again.
That is the wisest thing to do.
 

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