Convict nephew to inherit weapons

[Harry’s Daughter]

What is the name of your state? CA

My father passed away 7 years ago. He did not have any of his wishes written down, but many of his wishes were known by my siblings and myself. I was to be the executor. It has been known that my nephew would inherit his collection of swords and knives.

When I tried notifying my nephew of my father’s passing I found out that he was in prison for armed robbery. He eventually has been released, but is not making good decisions at all and is highly addicted to drugs, and not someone who should not (and probably can’t legally) have swords and knives. I am guessing he will be back in jail soon.

I have been holding onto these swords, but I am planning on moving soon and do not want to move them with me. My other nephews all were sad that they did not get the swords to begin with.

I do not know what I should do legally (and morally).

Thanks for any advice.

 

[Just Blue]

What is the name of your state? CA

My father passed away 7 years ago. He did not have any of his wishes written down, but many of his wishes were known by my siblings and myself. I was to be the executor. It has been known that my nephew would inherit his collection of swords and knives.

When I tried notifying my nephew of my father’s passing I found out that he was in prison for armed robbery. He eventually has been released, but is not making good decisions at all and is highly addicted to drugs, and not someone who should not (and probably can’t legally) have swords and knives. I am guessing he will be back in jail soon.

I have been holding onto these swords, but I am planning on moving soon and do not want to move them with me. My other nephews all were sad that they did not get the swords to begin with.

I do not know what I should do legally (and morally).

Thanks for any advice.

Take them to a LICENSED dealer and sell them. Give the money from that sale to whomever you wish.

 

[Taxing Matters]

I do not know what I should do legally (and morally).

Your father did not have a will. As a result, legally his estate assets should have been distributed according to the intestate succession law. You could sell the weapons and distribute the cash to the rightful beneficiaries. The nephew certainly can make use of the swords while sitting in prison, even if he could legally possess them.

 

[LdiJ]

What is the name of your state? CA

My father passed away 7 years ago. He did not have any of his wishes written down, but many of his wishes were known by my siblings and myself. I was to be the executor. It has been known that my nephew would inherit his collection of swords and knives.

When I tried notifying my nephew of my father’s passing I found out that he was in prison for armed robbery. He eventually has been released, but is not making good decisions at all and is highly addicted to drugs, and not someone who should not (and probably can’t legally) have swords and knives. I am guessing he will be back in jail soon.

I have been holding onto these swords, but I am planning on moving soon and do not want to move them with me. My other nephews all were sad that they did not get the swords to begin with.

I do not know what I should do legally (and morally).

Thanks for any advice.

If your father had no written will, then his assets would have gone to his heirs via his state's intestate laws. I can tell you that since he had at least one living child (you) that any nephews (or nieces) would not have inherited under any intestate laws. Nephews or neices would not have inherited unless he died without a spouse, children, parents or siblings.

I suspect that you can do what you like with the swords and knives, because my guess is that they are your property.

 

[xylene]

Take them to a LICENSED dealer and sell them.

I am curious what kind of license is required to buy sell or own swords. I am be unaware of specifics of California law in regards to this.

 

[Taxing Matters]

I can tell you that since he had at least one living child (you) that any nephews (or nieces) would not have inherited under any intestate laws.

That is absolutely not true. It depends very much what intestate succession scheme the state uses. Under the laws of a number of states, the nephew would indeed inherit a share of the estate if his parent (the OP's sibling) died before the father did. Indeed, in California the nephew would indeed get a share of the estate if his parent who was the child of the decedent died before the decedent did. See California Probate Code section 240.

 

[LdiJ]

That is absolutely not true. It depends very much what intestate succession scheme the state uses. Under the laws of a number of states, the nephew would indeed inherit a share of the estate if his parent (the OP's sibling) died before the father did. Indeed, in California the nephew would indeed get a share of the estate if his parent who was the child of the decedent died before the decedent did. See California Probate Code section 240.

OK, I can see your point. If the nephew was a child of OP's brother or sister and the brother or sister had passed away the Nephew could be entitled to his parent's share of the estate. I was not reading it that was to start with. I was originally reading it that the nephew was the nephew of the deceased.

 

[quincy]

I am curious what kind of license is required to buy sell or own swords. I am be unaware of specifics of California law in regards to this.

Some swords and knives are illegal to manufacture, sell or possess in California. It would be smart to determine if any of the weapons being held are among those prohibited.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=16590.

 

[Taxing Matters]

OK, I can see your point. If the nephew was a child of OP's brother or sister and the brother or sister had passed away the Nephew could be entitled to his parent's share of the estate. I was not reading it that was to start with. I was originally reading it that the nephew was the nephew of the deceased.

Well, the OP did say "my nephew" in describing the relationship, so the nephew is the OP's nephew, not the nephew of the deceased.

 

[LdiJ]

Well, the OP did say "my nephew" in describing the relationship, so the nephew is the OP's nephew, not the nephew of the deceased.

Yes, clearly I read it wrong the first time.