Estate Planning Considerations for Gun Owners

One question we occasionally get from our clients is how to manage any guns that might be part of their estates as they plan for the future. If you own a gun, as long as it is registered and legal, there are steps you can take to make sure your beneficiaries can receive the firearm after your passing. There are, however, important complexities to keep in mind when thinking about what that process look like for your estate.

What is Involved in Passing on Guns and Firearms?

If you have any gun or firearm that you would like to pass to a loved one after your death, there are a few steps you need to take in the short-term future. First and foremost, you must think about who exactly you would like to be your gun’s beneficiary. The beneficiary must be legally entitled to gun ownership in terms of their age, criminal history, and citizenship status. It is always safest to also leave a secondary beneficiary, in case something happens where the primary beneficiary is no longer able to accept the gun.

Secondly, it is important to think about the executor of your estate, or the person responsible for distributing the estate’s assets. That person must be able to legally possess the firearm – in certain circumstances, this means having a federal firearms license. Choosing an estate executor is an important decision, and it is important that you trust your executor will have your best interests in mind.

Thirdly, transferring a weapon involves thinking about possible complications. For example, does the beneficiary live in a different state? If so, there might be certain legal ramifications involved in transferring the gun from one state to another. No matter the particular situation, there are many hoops to jump through, and it is important to think through all aspects of the transfer in order to make sure everything is above bar.

Given all of the complications in estate planning for gun owners, it is best to speak with an estate planning attorney that can help you understand your next steps. Gun ownership should only happen with the proper registrations in place, and having regulations means that attorneys are vital in the process of transferring ownership of any weaponry to a beneficiary.

Do You Have an Estate Planning Attorney in Texas?

At McCulloch & Miller, PLLC, we are dedicated to providing top-notch services to our clients and their loved ones. Estate planning can be a tricky business, but when you have an expert on your side, you can rest assured things are handled thoroughly, professionally, and comprehensively. Our firm has over 30 years of experience, and we would be honored to work with you for all of your estate planning needs.
For a consultation with a member of our team, give us a call at 713-955-7281. You can also fill out our online form to get in touch with us today. We are standing by and ready to take your call.

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