Son dies has legal supressor now what?

[swampratt]

So a son died and has a legal suppressor and does the father now get it.
This was asked recently to an officer and he stated the father can have it.
Son was living at home with mother and father.

 

[Perplexed]

IANAL, but in order for the father to have it, the suppressor would have to be listed in a trust, with the father listed as a co-trustee (or beneficiary, not sure). Otherwise the father would be violating the NFA and should get rid of the suppressor or have it held by someone who’s legally able (a suppressor dealer, perhaps) until the father can submit the necessary paperwork and pay the $200 for a tax stamp. Someone else will be along soon with more info.

 

[Tanis143]

So a son died and has a legal suppressor and does the father now get it.
This was asked recently to an officer and he stated the father can have it.
Son was living at home with mother and father.

With a little googling I found there is a form the executor of the estate can fill out IF the tax stamp is found. The father would be best taking the silencer to a qualified dealer and having them help transfer the NFA to him. I believe (from what I've read) that he can file a tax free form to transfer the item to himself if he has been legally deemed the executor of the estate (this takes some court work. Cost me and my siblings about $2800 to do so for my father's estate). If the son had a will, its different (and easier), as the heir only has to fill out the form. But in both cases, I believe, the transfer form is tax free.

 

[Matt Giroux]

IANAL, but in order for the father to have it, the suppressor would have to be listed in a trust, with the father listed as a co-trustee (or beneficiary, not sure). Otherwise the father would be violating the NFA and should get rid of the suppressor or have it held by someone who’s legally able (a suppressor dealer, perhaps) until the father can submit the necessary paperwork and pay the $200 for a tax stamp. Someone else will be along soon with more info.

I do believe this statement to be correct, except if the father is the executor of the estate, he is allowed to possess the suppressor until they can do the transfer paperwork. To my understanding, the transfer of a suppressor to a successor following ones death does not require another $200 tax stamp- "ATF Form 5 (which is a form for a tax-free transfer)". I know there is a grace period allowed before the transfer paperwork must be started but I'm not sure how long it is.

Sources:

What Happens to Your Suppressor After You Die?

Ashlee Lundvall researched what happens to your suppressor after you die, and how you can keep it legally in your estate.

silencerco.com

What Happens to Your Silencer When You Die? – Silencer Central

Your silencer can be transferred to another person after your death. It is not automatically reclaimed by the federal government. See how that process works.

www.silencercentral.com

 

[Tanis143]

I know there is a grace period allowed before the transfer paperwork must be started but I'm not sure how long it is.

I think the legal verbage was "a reasonable amount", so basically no one really knows. That's the gubbmint for ya!

 

[Matt Giroux]

I think the legal verbage was "a reasonable amount", so basically no one really knows. That's the gubbmint for ya!

Just like everything else they regulate, very non specific and really its up to their discretion...which to me means as soon as you possibly can to keep them from putting their fingers in the pot!

 

[KOPBET]

There will not be an estate executor if the son didn't name one in a will. The probate court will name a personal representative to manage the estate. The court will also decide who is the legal heir of the estate items or if they will be sold or split. The legal heir of the suppressor should be able to Form 5 the NFA item after that.

IANAL but I have been screwed by several in the past.

ETA: If the suppressor is in a trust then there is no probate involved. The beneficiary of the trust can Form 5 the suppressor.