(WALNUT CREEK, Calif.) — NEWS: Absolute Trust Talk, a monthly podcast released by Absolute Trust Counsel, recently sat down with gun law expert Joseph Fenton, associate attorney of Campbell Green LLP, to discuss the smooth and legal transfer of firearms.
Fenton reports that unlike other assets listed in your estate plan, you may not be able to simply pass down a firearm to an inheritor, even if it has been legally documented.
“Guns are unique assets, and they have both federal and state laws that need to be followed. In California, you are required to register the transfer of ownership, or you may have to dispose of it.”
So, what exactly are the steps that should be followed if a firearm is known or believed to be part of an estate? You should:
1. Locate the firearm.
2. Secure and clear the firearm – if you don’t know how to do this find someone who does, Fenton urges. It is not something that can be learned on YouTube.
3. Catalog all firearms involved.
4. And then distribute them or get rid of them.
“As an overview, this sounds simple, but when you get to the distribution part, there is a process that needs to be followed and forms that need to be filed depending on your relationship to the testator,” Fenton adds. “And that’s something we really dive into on the show.”
“It was an honor to have Joseph’s expertise for this episode,” says Kirsten Howe, Absolute Trust Talk host and founder of Absolute Trust Counsel. “Guns and firearms are a hot topic right now, and people don’t understand that you can’t just pass them off to the next generation or another person. As Joseph points out, just because you want your grandson Billy or your best friend Bob to have your firearm, doesn’t mean that they are the right person, or will be cleared for inheriting the weapon when the time comes.”
In Absolute Trust Talk’s Episode #031 – “Do You Have a Firearm in Your Estate Plan?” – Howe and Fenton discuss:
* What rules need to be followed for transferring a firearm in California
* Where firearms fall within an estate plan
* What language should be used in your estate if a firearm can’t be transferred as planned
* The specific details of how to properly transfer a firearm to another person – family member or not.
The podcast can be downloaded on the Absolute Trust Talk podcast page, https://absolutetrustcounsel.com/031-do-you-have-a-firearm-in-your-estate-plan/, along with a free downloadable resource and exclusive tool: “Stick to Your Guns: How to Handle Firearms in an Estate.”
It can also be downloaded on iTunes: https://itunes.apple.com/us/podcast/absolute-trust-talk/id1371742254?mt=2.
About Absolute Trust Talk:
Educating at every step. Absolute Trust Talk is not your run-of-the-mill general counsel show filled with legal jargon that doesn’t resonate. Through her 20+ years of practice, Absolute Trust Counsel’s managing attorney, Kirsten Howe, found herself working with clients who were confused and overwhelmed by the complexity of estate planning and saw a need to help clients with education and specific client-centered estate planning services.
Now she’s taking her expertise and experience to a new level; she’s on a mission to bring a thought-provoking and approachable, friendly voice not only to estate planning, but to a wide variety of business and financial wellness topics. Through a series of podcasts, Howe will connect with like-minded business professionals and work to coach and encourage listeners to make educated and informed planning decisions. Preparing for the future doesn’t have to be stressful or hard, but it does have to be smart.
About Absolute Trust Counsel:
Absolute Trust Counsel is among the most highly ranked estate planning law firms in Walnut Creek. The firm’s areas of expertise include estate planning, trust administration, Medi-Cal planning, probate, retirement assets planning and special needs planning. Absolute Trust Counsel’s mission is to provide easy legal solutions for every client.
Howe was admitted to the California bar in 1987 and has practiced in Walnut Creek since 1997. She earned her J.D. cum laude at the University of California, Hastings College of the Law, where she was a member of the Thurston Society and Managing Editor of The Hastings Law Journal. She earned her Bachelor of Science degree from the University of Michigan.
She is a member of the Trusts and Estates Section of The State of California Bar; the Estate Planning and Probate Section; the Elder Law Section; and the Women’s Section of the Contra Costa County Bar Association. She’s on the Board of Directors of the Estate Planning Council of Diablo Valley and a member of the Robert G. McGrath American Inn of Court.
Learn more: https://absolutetrustcounsel.com.
About Campbell Green LLP:
At Campbell Green, we represent our clients in all aspects of their trusts and estate needs. We work with our clients to efficiently manage and transfer their assets during life, incapacity, and at death. Our attorneys look at the big picture and make sure that our representation is truly comprehensive, addressing the important issues affecting you and your family.
Learn more: https://campbellgreenlaw.com.
Related link: https://absolutetrustcounsel.com/
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