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Thread: Putting Shooting Irons in a WILL ?

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    Member Float Pilot's Avatar
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    Default Putting Shooting Irons in a WILL ?

    The wife has been bugging me about fixing all the problems with my old will. Which was with the military and no longer valid. I have to figure out where all my shooting irons go between the kids and grand kids.
    Has anyone done this recently? Did you list every individual firearm, or just say all guns go to such and such ???

    And does it have to be filed with the court or what? I cringe at the idea of having a list floating around out there....
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    Consult legal council to be sure but I am pretty confident you just need to have it notarized and then put away in a secure place like a safety deposit box.

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    My father passed away on 9-11-2011. Before he got sick he made a list of all his guns and told everybody what guns they would get. He give me the list to lock in my vault. It worked well for us and they was not a cross word spoke between any of us. The piece of paper was not expensive either.

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    Quote Originally Posted by Float Pilot View Post
    Did you list every individual firearm, or just say all guns go to such and such ???
    You can do whatever you want..........it's your will.

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    Quote Originally Posted by Float Pilot View Post
    I have to figure out where all my shooting irons go between the kids and grand kids.
    Has anyone done this recently? Did you list every individual firearm, or just say all guns go to such and such ???.
    Depends... my Dad just looked at me in the hospital in front of my Mom and told me to take care of the guns, they were mine. I did distribute some of them to other family members who would appreciate them but he left it up to me.

    Guns being personal property (not real estate or something with a title) you don't really have to go through all the hoopla like a formal will. If you want specific items to go to specific people, then a signed list left with your heirs is usually sufficient. Unless they spend most of their time trying to poke each other in the eye, in that case you might want to arm someone else...
    "I do not deal in hypotheticals. The world, as it is, is vexing enough..." Col. Stonehill, True Grit

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    Quote Originally Posted by Cast Iron View Post
    My father passed away on 9-11-2011. Before he got sick he made a list of all his guns and told everybody what guns they would get. He give me the list to lock in my vault. It worked well for us and they was not a cross word spoke between any of us. The piece of paper was not expensive either.
    Yup my Dad went in September 09. He had an insurance list of every gun and denoted on that was the name of who each was to go to, then his will referred to his inventory. He did this on advice of an attorney friend because (at least in Arizona) itís a binding part of the will but you donít need to alter the will every time the inventory changes.

    After he died suddenly we found that he had been marking things for about six months, tape on the back of pictures, post-it in with his metals and so on with names . . . he knew it was coming.
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    You can go to any office supply store and get a fill in the blank will form that is totally legal.

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    Quote Originally Posted by AkMike1 View Post
    You can go to any office supply store and get a fill in the blank will form that is totally legal.
    Holographic will is the most binding, that is where you hand write the whole thing.
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    Quote Originally Posted by hodgeman View Post


    Unless they spend most of their time trying to poke each other in the eye, in that case you might want to arm someone else...
    You have a way with words, sometimes, hodgman.

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    I have been giving them to whom I want them to go for years now.The big up-side is getting to see the gun in the field with its new owner.The guns not spoken for are to give the bride a couple week boost of ready income till the other stuff comes in.The wife also has a few names that will be sure fair monies are recived
    Now left only to be a turd in the forrest and the circle will be complete.Use me as I have used you

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    Member Float Pilot's Avatar
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    There is one of our adult kids whom I do not trust, (ner-do-well) and a spouse of another would take the teeth out of a corpse if she could trade them for a cheese burger. The woman generates her own gravitational field.

    A few years back the man who was like my second dad died with a huge Winchester collection. He had always said that they were to all go to his son, who was also a collector. Everybody in the family and in town knew it.

    Well after he died, it turned out he had a couple sour grapes daughters out there someplace who swooped in like vultures with legal papers and held up the whole deal. In the long run his collection of 60 years was put in storage for a couple more years while the lawyers played around and eventually they were all sold off at low prices so the two vultures could get their cut.

    Usually I would not worry about it too much since my wife could settle my accounts. But these days she sometimes accompanies me to places where we both might not come back.
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    I've been down this road a few times over the past years as my dad and all of my grandparents have gone home to be with the Lord. The first thing I would say is to not take all of the advice in this thread thus far; seek professional legal counsel. You'll probably spend $300-500, but it will be the best money you've ever spent.

    My experiences and observations thus far tell me to advise you

    Do NOT rely on spoken word, common knowledge, or "handshake agreements." Put EVERYTHING in writing. A list of personal property and to whom it should be given is an excellent idea. Have all documents notarized, and keep them in a safe deposit box.

    Name one of your successors as the Executor of your estate, and give said person durable power of attorney. If possible, put said executor on your all of your accounts as a joint account holder. This will give them immediate access to your funds to cover any last minute final costs without having to go to probate court to get them or paying out of their own pocket. Believe me, there are ALWAYS final costs, even with fully paid arrangements.

    Do not underestimate the power of greed, even (especially) amongst your kin. My grandmother died 3 weeks ago, and within a day, the disputes started coming out. Stepchildren have gotten prized firearms out of that deal. With regards to ne'er do well kin, be especially cautious and specific. My worthless cousin and his friends broke into his mom's home to steal his father's guns less than a month after his father committed suicide with one of them. (Fortunately, I had moved all of the guns from the home without his knowledge.) He still got away with over 1000 rounds of .308, which he promptly sold for a hundred bucks. (Those kind of people care not for the value of anything.)

    Take careful thought to all of your family members and their interactions with one another, and try to anticipate where disputes will arise and address those specifically.

    Lastly, seek professional legal counsel.

    Until recently, I abhorred talking about or thinking about death, but death comes for us all. We should all be so wise so as to be prepared as you are preparing.

    PS: If you have any pre 64 Winchesters you might want to dispose of...

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    Why would the Will that you had written while you were in the military not be any good? It was notarized and should still be a legal document regardless of whether or not you are still in. As far as the executor, be careful who you choose. It should be someone with nothing to gain. They are only there to ensure that your wishes are kept and should not be anyone who is in the Will. Chosen wisely, an executor can make it a lot easier on everyone. I learned this the hard way.
    "...arms like laws discourage and keep the invader and plunderer in awe...Horrid mischief would ensue were the good deprived of the use of them." -Thomas Paine

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    Quote Originally Posted by Float Pilot View Post
    There is one of our adult kids whom I do not trust, (ner-do-well) and a spouse of another would take the teeth out of a corpse if she could trade them for a cheese burger....
    OK- that's a situation requiring different advice. Put them in an inventory referenced in a will drawn up by your attorney. Name an executor (potentially your attorney) who will ensure your wishes are carried out and has thick enough skin not to be swayed by a lot of moaning and groaning.

    Naming an heir as executor is a bad idea if the heirs don't really get along....my wife's famliy just found that out settling her grandmother's estate. Several of them will likely never speak to each other again. Sad, but true- the death of folks sure brings out the worst in people. In her situation, several relatives started carrying out stuff before the funeral home removed the body.
    "I do not deal in hypotheticals. The world, as it is, is vexing enough..." Col. Stonehill, True Grit

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    One of the parts of a will can be whats called a laundry list. The laundry list names items and who they should go to. The purpose of this is that there are many many items we buy and sell over the years and you cant go revise your will every time you get something new. The husband and the wife should each have a laundry list. Example is that the wife may want china to go to a daughter or husband may want a gun to go to a son or certain tools to go to a daughter etc. The will explains that the laundry list exists and that it should be followed.

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    Float Pilot, Your old army will is still legal, but is it workable. Are the folks still around who were the recipients? Do you still have the original. Gotta be original, can't be a copy. Signed and notarized.
    Usually husbands/wives leave all their property, real or personal, to the spouse and make the spouse the executor. Then have as an alternative a second executor, if the spouse predeceases.
    Durable power of attorney is great if you become disable and unable to take care of yourself. However the DPOA will no longer be valid upon your death.
    The list works well for specific items such as I want this gun to go to this person, if I still have when I pass away if not they can have this one or they don't get one. Another way to do it is to have all property sold and the proceeds distributed in a specific way. Or some mix of the two. A catch all is that anything I have not listed will be handled this way or that way.
    Then of course you will want a self proving affidavit to go with your will so the witnesses to the will won't be required to appear in court to authenticate your will.
    You better be real sure of anyone who you add to any bank account because they usually state they are right of survivorship accounts which means not only can the person on the account take all the money at any time. Once you are gone the money is there's. It passes out side of will and estate. Same thing with a safety deposit box. Speaking of which, do not get a will and then hide it in a safety deposit box. If someone not still living is not on that safety deposit box it takes a court order to get into the box to get the will. And where ever you do put the will hopefully you will tell more than one person so your heirs won't have to go hunting for it. To probate a will the ORIGINAL must be produced, no copies acceptable. And if you give it to some else for safe keeping hope they don't hide or loose the will. If a will can't be produced your property will pass by intestate rules and they are rather specific. Someone you don't want to have things may very well end up with them.
    As you can see there are lots of little things that are real easy to handle but you have to know what they are and what your options are, therefor I would suggest you see an attorney. It can get way complicated if you estate has stuff like a retirement plans, stock, bonds ect. Better safe than sorry. Just my nickels worth.

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    Quote Originally Posted by redale View Post
    Durable power of attorney is great if you become disable and unable to take care of yourself. However the DPOA will no longer be valid upon your death.
    I agree with everything else in your post but this is not so unless you make it so. The Alaska POA (power of attorney) form is right in the wording of the law itself (AS 13.26.325 & AS 13.26.332 is the form)
    http://touchngo.com/lglcntr/akstats/...Section332.htm

    Unless you check the box after line "G" it is enduring, extends past your death.


    I know this because I have one for my mother, I use it every day, I can do anything with it that she could do. I could embezzle funds from someone in her name and she would be the one in trouble, I could sell her house behind her back and legally give myself the money leaving her no recourse because IĎm acting AS her. POA is not to be taken lightly at all.


    I would NOT use a POA for settling my estate though, use a will. If your will is not holographic (every word but the notary is hand written by you) you need an attorney because it becomes extremely complex. Under Alaska law the simple holographic will is king, extremely binding, because of the way it was included into the law. If you can simply pen your wishes to paper with clear intent of what you want thatís all you need here in Alaska. If you can't you need an attorney and then it must be formatted right and everything, itĎs held to a different standard than a holographic will. I am no attorney but I did pay one for this very advice last summer.


    Go HERE and See:
    AS 13.12.501
    AS 13.12.502
    AS 13.12.504. Self-Proved Will. (Hand right this form and your golden, print it and you need an attorney to be sure itís valid.)
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    look at 13.26.350(a) and 13.26.356. You can only use till you have notice of the death of the principal.
    AS 13.26.325. , 13.26.330. Death or Disability. [Repealed, Sec. 3 Ch 109 SLA 1988].

    Go to 13.26.344 scroll down to (g) for the interpretation of the section of the form

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    Quote Originally Posted by redale View Post
    look at 13.26.350(a) and 13.26.356. You can only use till you have notice of the death of the principal.
    AS 13.26.325. , 13.26.330. Death or Disability. [Repealed, Sec. 3 Ch 109 SLA 1988].

    Go to 13.26.344 scroll down to (g) for the interpretation of the section of the form
    13.26.350. Is referring to this part of the form below the list of powers, the part that makes it durable:
    IF YOU HAVE INDICATED THAT THIS DOCUMENT SHALL BECOME EFFECTIVE ON THE
    DATE OF YOUR SIGNATURE, CHECK ONE OF THE FOLLOWING:
    ( ) This document shall not be affected by my subsequent disability.
    ( ) This document shall be revoked by my subsequent disability.
    Naturally if the bottom box is marked the POA dies with you but mark the top one with no mark at "G" in the powers and death will have no effect on the POA.


    13.26.325. , 13.26.330 Are nothing . . . repealed, replaced, or renumbered.




    Where in here do you get that it isnít enduring so long as it's a durable in 13.26.350? Looks like a list of my powers after Mom dies just as my attorney told me it was so if itís not Iíd sure like to know before I find out the hard way!!

    13.26.344
    (g) In a statutory form of attorney, the language conferring general authority with respect to estate transactions shall be construed to mean that, with respect to an estate of a decedent, absentee, minor, incompetent, or the administration of a trust or other fund, whether in the state or elsewhere, the principal authorizes the agent
    (1)
    to the extent that an agent is permitted by law to act for a principal, apply for and procure, in the name of the principal, authority to act as a fiduciary of any sort;
    (2) to the extent that an agent is permitted by law to act for a principal, represent and act for the principal in all ways and in all matters affecting any estate of a decedent, absentee, minor, or incompetent, or any trust or other fund, out of which the principal is entitled, or claims to be entitled, to some share or payment, or with respect to which the principal is a fiduciary;
    (3) to accept, reject, disclaim, receive, give a receipt for, sell, assign, release, pledge, exchange, or consent to a reduction in or modification of, a gift, bequest, devise, inheritance, or any interest in a share in or payment from an estate, trust, or other fund, including an interest in any jointly-owned real or personal property or proceeds from an insurance policy;
    (4) to demand, receive, or obtain money or any other thing of value to which the principal is, or may become, or may claim to be entitled by reason of the death of a person or of any testamentary disposition or trust, or by reason of the administration of the estate of a decedent or absentee, or of a guardianship of a minor or incompetent or the administration of any trust or other fund; initiate, participate in, and oppose a proceeding to ascertain the meaning, validity, or effect of any deed, will, declaration of trust, or other transaction affecting in any way the interest of the principal; initiate, participate in, and oppose a proceeding for the removal, substitution, or surcharge of a fiduciary; conserve, invest, disburse, or use anything received for purposes enumerated in this subsection; and reimburse the agent for expenditures properly made in the execution of the powers conferred by the statutory form powers of attorney;
    (5) to prepare, sign, file, and deliver all reports, compilations of information, returns, or papers with respect to an interest had or claimed by or on behalf of the principal in an estate, trust, or other fund; pay, compromise, or contest, and apply for refunds in connection with a tax or assessment with respect to any interest had or claimed by or on behalf of the principal in an estate, trust, or other fund or by reason of the death of any person, or with respect to property in which the principal had or claimed an interest;
    (6) to agree and contract, in any manner and with any person and on any terms that the agent may select, for the accomplishment of the purposes enumerated in this subsection, and perform, rescind, reform, release, or modify an agreement or contract or any other similar agreement or contract made by or on behalf of the principal;
    (7) to execute, acknowledge, verify, seal, file, and deliver a consent, designation, pleading, notice, demand, election, conveyance, release, assignment, check, pledge, waiver, admission of service, notice of appearance, or any other instrument that the agent considers useful for accomplishment of any of the purposes enumerated in this subsection;
    (8) to submit to arbitration or settle, and propose or accept a compromise with respect to, a controversy or claim that affects the estate of a decedent, absentee, minor, or incompetent, or the administration of a trust or other fund, in any one of which the principal has, or claims to have, an interest, and do any act that the agent considers desirable or necessary to carry out the compromise;
    (9) to hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers the action to be desirable for the proper execution of any of the powers described in this subsection, and for the keeping of records about that action; and
    (10) to do any other act or acts that the principal can do through an agent, with respect to the estate of a decedent, absentee, minor, or incompetent, or the administration of a trust or other fund, in any one of which the principal has, or claims to have, an interest with respect to which the principal is a fiduciary.
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    Andy, Both of the underlined portions say " with respect to the estate of (a) decedent" not to -- estate of (the) decedent. There is quite a difference. "A" means any decedent but not the principle of the poa, "the" would be the principal of the power of attorney. Hope this explains the difference.

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