Guns belonging to Estate

[msiron]

Well isn't that interesting that no safety course is required in Illinois? Regardless whether they are given away, traded, or sold for $5.00 the legal permit is needed between both parties.

Don't fret, most people have no idea what would really happen in a bad situation, bad things happen very fast and by surprise. I'm a State & NRA Instructor and thoughts of a law suit and being arrested and spending big dollars to an attorney go though my mind. As a woman and certified I would probably stand a better chance of not being charged criminally but I have 2 guardian type dogs, though they could be very damaging they are not considered a lethal weapon. For example: Your sleeping, someone breaks in, the dog alerts and you now have some precious time to get into position to possibly defend yourself and process what's happening before making any life altering decision.

You should send them a certified letter to return everything which was stolen (and until your permit is valid they can sit with a permit holder friend). Hopefully your son-in-law didn't transfer them illegally by forging your deceased husbands name? Also get someone you trust to evaluate their worth if you decide to sell them.

$93 dollars is very petty, very petty.

Good luck.

Yes. I have paid all of these - the funeral bills, medical bills, attorney fees, court fees, etc. The Estate didn't really have much in the way of liquid assets. So there is not much in the Estate bank account.(Just a few thousand dollars) Actually, I haven't paid anything out of that account yet. So I figured by this point, I might as well keep paying anything that needs paid - and seeing what I can be reimbursed for.

I have asked my attorney about which expenses I could be reimbursed for -and he just tells me that it doesn't matter unless someone files a claim against the Estate. So I quit asking because I was paying attorney fees to not have my question answered. But I have done some research - and have a pretty good idea.

The last day to file a claim against the Estate is this Saturday. So I guess I will know soon what I have to deal with. My attorney had suggested that I negotiate reduced amounts with creditors and pay them so they wouldn't file against the Estate.

I know that would make it much easier - but I wasn't able to do that in a way that worked for me.

The only creditors I know of are the credit card company and the finance company for his SUV.

Both were pretty impossible to deal with. The credit card company kept letting fraudulent charges be placed on his account for over a month after his death. I mailed and faxed copies of his death certificate and the letters of office SEVERAL times - and spent hours on the phone trying to get them to STOP letting charges be placed on the account (the card even expired a couple weeks after he died). But they wouldn't do anything because they kept saying that his death hadn't been "verified."

Ironically, they couldn't close, or even flag, his account without speaking to him (which was difficult because of his death). But they kept offering to ADD ME as an account holder - and didn't seem to need my permission for that. I declined, of course.

They removed and then re-added the fraudulent charges THREE times - turned it over to collections - and of course the collection agency wouldn't validate the debt (said they didn't have to validate the amount owed since they were offering to settle the debt for less than what was owed), didn't want to wait for Probate to be administered - told me I was dishonoring my husband's memory by not paying his bills - and threatened to contact my attorney repeatedly and run up my legal bills until I paid them what they wanted.

So I sent them a letter instructing them to validate the debt, only contact me by mail, and not to contact my attorney.

I didn't see any compelling reason to pay them over $5,000 from MY money to keep them from filing a $6,000 claim against a virtually insolvent Estate.

The dealer finance company for the SUV was equally as hard to deal with. I kept trying to get them to cancel the service contracts and extended warranties on the vehicle so I could reduce the amount owed on it to close to the resale value. They gave me the run around and didn't even work with me in surrendering the vehicle for several months - while they kept adding interest and late fees. They told me they would cancel the contracts before they sold it - but they still haven't done so. Had they canceled the contracts and taken the vehicle in March - the deficiency would have only been a couple of thousand dollars. But with added interest and late fees and the contracts still in effect - they are asking over $10,000. I just got a letter from a collection agency on that last week - and I responded by asking them to validate the debt and cease collection activities until they do.

In both cases - I didn't really object to the debt - but I object to the amount - and I object to people trying to take advantage of the situation.

Settling debts for valid amounts are one thing - but trying to settle debts with people who are not paying fair just to keep them from filing against an Estate that won't have funds to pay them is not something I want to do.

Oh - and his ex-wife's current husband sent me a letter letting me know that the Estate owes her $93. She got 18% of his military retirement pay - through a DOD allotment (Former Spouse Protection Act). And they are alleging that she did not get her allotment in March for the 5 days he was alive in February. Ironically, she got her FULL allotment in February - and she has to pay him 13.5% of HER military retirement - but she pays by check (not allotment) and she only sent a payment for the five days he was alive. So I haven't even dealt with her. But as she got her payments through DOD allotment - she should have been paid everything she was owed.

So there are three POTENTIAL claims against the Estate - besides his daughter's threats to file a Will Contest.

I guess since most of the value of the Estate is in the equity in the house - I will have to get the house appraised if any claims are filed. The mortgage was $84,000 when he died. It had been appraised at $95,000. But the County Assessor had the Fair Market Value at $107,000.

So the Estate has whatever equity is in the house, a few thousand dollars, about $12,000 in value of the coin collection, guns, tools, motor scooter, etc. that my step-daughter and her husband took, and whatever I could get if I sold my husband's other personal possessions right now.

My husband had been fighting cancer for several years - which took a big chunk of funds.

Free

 

[free_spirit_etc]

Actually a gun safety course wouldn't be a bad idea at all. I am glad that my husband didn't just show me how to shoot; but also showed me how to load and unload the gun. I think my biggest concern about having a gun in the house would be my son - who is high functioning autistic (27 going on 12). He's mature enough to be alone when I work and stuff - but I would really have to watch the guns in case HE decided to protect himself.

He told me one time several years ago that he heard something and was afraid - and the only thing he had to protect himself was a broomstick and can of deoderant. I am not quite sure how he was going to defend himself with those - but I am sure he would figure something out.

So actually, a gun safety class for BOTH of us would probably be in order. That way he could learn how to handle a gun safely (and then I would still lock it away from him).

Who knows though - he was at his grandparent's when his grandmother had heart failure - and he was the only one there who thought clearly enough to dial 911.

Does the NRA still have the Eddie Eagle program?

Ironically, I used to work with a nonprofit - and did work with some of the DARE officers at the schools - and we would actually encourage parents to have their kids take a gun safety class - because just because YOU don't have guns in your home does NOT mean your kid isn't going to run across one somewhere else - and if they don't know how to be around guns safely - that could be more dangerous. And I never followed my own advice with my own child. ACK!

I am lucky to live in a pretty safe place though. I love to sleep outside - and even "camp out" in my yard sometimes.

But as you say, you never know.

I will be glad when this Saturday comes - because whether or not someone files a claim - I will at least know what I am dealing with - instead of all the "what-ifs."

I guess I need to start checking on filing a citation to recover assets - or suing - and what is the difference - or if there is a difference.

My attorney is a pretty good person - but not the best on advice all the time. And sometimes he gives me advice that conflicts with the previous advice he gave. And I am really trying to keep expenses down. So I try to check out most things myself.

I am not quite sure what to do about recovering the assets. They actually didn't take more than I would have been willing to give them. So that is an issue. And it is my husband's daughter. So that is an issue.

I have even tried to think about are there things I am willing to let her just keep - so I only ask for what I need back. But then - that gets all complicated. Because I am not willing to let them keep things like the motor scooter and guns (that could have liability issues) with them still being in my husband's name. And it is totally riduculous that they are still holding the 15 stock certificates for $700 worth of stock that have NO value to them whatsoever - but will cost me $70 to replace if I want to cash the stocks in.

They gave 2 of the 15 to their attorney - but they never got passed on to me because we didn't reach an agreement - and it still would have cost me MORE in attorney fees to get the other 13 - so I might as well just pay the $70 and replace them - but then again, it is riduclous that I would have to pay to replace stocks that have no value to them - and then let them keep whatever they want to keep. Either we can work it out - or we can't work it out.

So then I get into the fact that it would probably cost me MORE to negotiate and pick and choose what gets kept and what gets returned - and tell my attorney to tell their attorney this and that. And I do think they are inclined to want to cost me as much as they can. So it might be easier to just ask for it ALL back then to try to work anything out. Since I already invested a couple thousand dollars in attorney's fees trying to negotiate.

And since they had the opportunity to keep what they took if they signed an agreement to release the Estate (and not sue, file motions, contests, etc.) and they wouldn't sign the agreement - that would indicate that they want to retain the right to sue - so it sure doesn't seem to be in my best interest to say - "Oh, okay - you can keep it all anyway...and sue me later when you want more.."

And some of the stuff was MY stuff - that belonged to ME! No matter what they value - I want it back - it was MINE!

So my best option seems to be just to get it ALL back - and then someday - down the road - I can always actually GIVE her things her dad would have wanted her to have (had he known she wanted them)

I will have to say his daughter was more interested in some of the sentimental value stuff (that also had $$ value) like the coins. Her husband is the one who wanted the guns, tools, motor scooter, etc. I would be very hesitant to get rid of anything that might be of sentimental value (like his military stuff). Isn't it odd that one one hand I am wanting to get the stuff they took back - and on the other hand - I am trying to figure out what to keep to give to HER. Ack!

Gads! That becomes another problem. I thought of revising MY Will to make sure that whatever I got from her dad's Estate would be passed on to HER, instead of MY Estate. But heck - I am afraid to name her in my Will - as that would make her an heir and give her the ability to create havoc when I die also...and start snatching stuff, and filing motions, and not being happy with what she got (before she even finds out what she got).

And I am not sure if the Life Insurance would be considered part of what I got to be "passed on" to her - but if not - then there isn't a whole heck of a lot to pass on.

So I even considered - okay - I can buy a term Life Insurance policy - naming her as beneficiary - and just instruct my excecutor to pass on her dad's personal items - without naming her as an heir.

But then again - I get aggravated trying to figure out how to GIVE something to someone who is acting like such a BRAT that I can't figure out how to give it to her without creating problems.

So I guess I will let that part rest until I figure it out.

It is just dang complicated for sure.

Free - the "wicked" stepmother

Well isn't that interesting that no safety course is required in Illinois? Regardless whether they are given away, traded, or sold for $5.00 the legal permit is needed between both parties.

Don't fret, most people have no idea what would really happen in a bad situation, bad things happen very fast and by surprise. I'm a State & NRA Instructor and thoughts of a law suit and being arrested and spending big dollars to an attorney go though my mind. As a woman and certified I would probably stand a better chance of not being charged criminally but I have 2 guardian type dogs, though they could be very damaging they are not considered a lethal weapon. For example: Your sleeping, someone breaks in, the dog alerts and you now have some precious time to get into position to possibly defend yourself and process what's happening before making any life altering decision.

You should send them a certified letter to return everything which was stolen (and until your permit is valid they can sit with a permit holder friend). Hopefully your son-in-law didn't transfer them illegally by forging your deceased husbands name? Also get someone you trust to evaluate their worth if you decide to sell them.

$93 dollars is very petty, very petty.

Good luck.

 

[BlondiePB]

free spirit etc,

Having to deal with a gun for an estate, please call the police regarding needing a gun permit. I had to have a gun appraised for an estate. The ward did not have a gun permit & neither do I. Not wanting to be charged with possession of a firearm without having a permit, I called the police to ask these types of questions & was provided with the required info. State laws vary. What applies in one state does not mean that that info is correct for another state.