jwatson Posted December 23, 2020 at 06:30 AM Share Posted December 23, 2020 at 06:30 AM Hello. I have a question or two regarding firearm inheritance. I recently had my grandfather pass away, I am listed in his will as recipient of gun collection. We are both Illinois residents. The collection is mostly shotguns and a few rifles but there are a few handguns. Do all items need to be transferred from from his estate to me? Especially regarding the handguns? I assume someone has ran into situation like this before thought I might see what experiences you all have had. Thanks for your time, Merry Christmas! Link to comment Share on other sites More sharing options...
jwatson Posted December 23, 2020 at 06:47 AM Author Share Posted December 23, 2020 at 06:47 AM PS I realize this is probably not the right section please move as needed. Thanks Link to comment Share on other sites More sharing options...
Euler Posted December 23, 2020 at 07:08 AM Share Posted December 23, 2020 at 07:08 AM I see you posted before that you have a FOID and CCL, so the only issue should be your local ordinances, if any (e.g., AR-15s in Cook County). At the moment of his death, his firearms became yours, no transfer required. Link to comment Share on other sites More sharing options...
Jeffrey Posted December 23, 2020 at 03:04 PM Share Posted December 23, 2020 at 03:04 PM Sorry for your loss. Assuming you have a FOID, nothing further should be needed. Link to comment Share on other sites More sharing options...
Quiet Observer Posted December 23, 2020 at 04:03 PM Share Posted December 23, 2020 at 04:03 PM From the FOID law: " (a-15) The provisions of subsection (a-10) of this Section do not apply to:. . . . (2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;" The section a-10 cited in the quote that states that transferees who are not have FFLs must contact the Illinois State Police and run the receiver's FOID card. If a lawyer drew up your grandfather's will, I would think that he could have answered your question. It seems that that would be part of his obligation. Link to comment Share on other sites More sharing options...
lawman Posted December 23, 2020 at 07:04 PM Share Posted December 23, 2020 at 07:04 PM The lawyer-client relationship is between the lawyer and his grandfather. Unless the lawyer was also hired by the executor of the will to do the probate work, he is under no obligation to answer any questions from the grandson. Link to comment Share on other sites More sharing options...
soundguy Posted December 23, 2020 at 07:25 PM Share Posted December 23, 2020 at 07:25 PM subsection (a-10) of this Section do not apply to:. . . . (2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;" I'm thinking any penalty applies to the [late] grandfather, not the grandson.I've received inheritance guns twice and did not overthink it.I did call ISP decades ago (the first time) to check on any necessary registration or paperwork...They laughed at me! Enjoy your new gun collection and remember the man they came from... Merry Christmas! Link to comment Share on other sites More sharing options...
Euler Posted December 23, 2020 at 10:36 PM Share Posted December 23, 2020 at 10:36 PM From the FOID law: ... transfers as a bona fide gift ... Inheritance is not a gift. Inheritance is an inheritance. Link to comment Share on other sites More sharing options...
quackersmacker Posted December 24, 2020 at 01:09 AM Share Posted December 24, 2020 at 01:09 AM Overthinking something like this accomplishes extremely little, IMHO. Link to comment Share on other sites More sharing options...
jwatson Posted December 24, 2020 at 01:27 AM Author Share Posted December 24, 2020 at 01:27 AM Thanks to all for your guidance, I do appreciate it. Hope you all have a Merry Christmas! Thanks! Link to comment Share on other sites More sharing options...
quackersmacker Posted December 24, 2020 at 01:54 AM Share Posted December 24, 2020 at 01:54 AM Thanks to all for your guidance, I do appreciate it. Hope you all have a Merry Christmas! Thanks!Very sorry about the loss of your grandfather. He obviously liked you! Hope you have a Merry Christmas and definitely a Happy New Year! Link to comment Share on other sites More sharing options...
Quiet Observer Posted December 24, 2020 at 02:47 AM Share Posted December 24, 2020 at 02:47 AM From the FOID law:... transfers as a bona fide gift ...Inheritance is not a gift. Inheritance is an inheritance. "Testamentary gift is a gift made by will. Such gifts do not become effective until the death of the donor. The ownership of the gift is transferred to the donee only after the testator’s death".Testamentary Gift Law and Legal Definition | USLegal, Inc. I guess that we could get into a debate about semantics, but I assume the legislature meant to exclude inherited firearms, as well as those given directly by a living person. There is also this clause from the FOID. "Sec. 12. The provisions of this Act shall not apply to the passing or transfer of any firearm or firearm ammunition upon the death of the owner thereof to his heir or legatee or to the passing or transfer of any firearm or firearm ammunition incident to any legal proceeding or action until 60 days after such passing or transfer". I am a little confused about the 60 days. Link to comment Share on other sites More sharing options...
Euler Posted December 24, 2020 at 03:18 AM Share Posted December 24, 2020 at 03:18 AM The heir has 60 days to comply with the FOID Act. Link to comment Share on other sites More sharing options...
Quiet Observer Posted December 24, 2020 at 03:21 AM Share Posted December 24, 2020 at 03:21 AM Duh! Sometimes miss the obvious.Thanks Link to comment Share on other sites More sharing options...
101abn Posted December 24, 2020 at 03:14 PM Share Posted December 24, 2020 at 03:14 PM Just thinking here, Has the executer of the will done a Foid check with the ISP and attached to the paperwork of the will. If not, it may come up in the court when the estate is closed. Sent from my iPhone using Tapatalk Pro Link to comment Share on other sites More sharing options...
JTHunter Posted December 26, 2020 at 08:47 PM Share Posted December 26, 2020 at 08:47 PM Just thinking here, Has the executor of the will done a Foid check with the ISP and attached to the paperwork of the will. If not, it may come up in the court when the estate is closed. Sent from my iPhone using Tapatalk ProJwatson - my condolences on your loss. Use those firearms with fond remembrance of who thought enough of you to give them to you.If jwatson's grandfather had a trust for his assets, probate might be avoided and no court involved. That isn't made clear in the OP so they may have to go through probate. I hope not. Link to comment Share on other sites More sharing options...
lawman Posted December 27, 2020 at 12:12 AM Share Posted December 27, 2020 at 12:12 AM The vast majority of probate estates are independently administered without the court having to supervise or approve anything. The FOID check issue would only come up if the estate was not independently administered. With this being a bona fide gift to a grandchild, it does not appear that a FOID check is even necessary. Link to comment Share on other sites More sharing options...
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