I need advice please!

[96firephoenix]

If someone piles kindling and pours gasoline on a bridge, you're not the one that burned it.

 

[LtScott14]

When someone passes, there are wolves waiting to pounce on the survivors. Every family has one or two, wolves who will run to the residence, clean out(read as steal from you) and "assist" you in your loss of loved ones. Somehow they feel entitled to whatever they can lighten up from the residence.

We had a similar scenario, our estate lawyer had to deal with the legal side, house sale, and we attempted to not be driven by emotion from a family member. I changed the house locks, as was placed in charge by the ailing family member before demise, and was assaulted verbally by a survivor. The buck had to stop till the lawyer got the contents inventoried. The survivor claimed all, despite 4 other siblings. Nope, not gonna happen.

The end all was a shunning from that survivor, took 3 certified letters, and an assist from the lawyers to get their "stuff" out to get the house sold. This was because we didn't allow anyone in without an escort to eliminate thievery. Took also 6 mos of junk removal, 4 dumpsters "full" to find the walls/ floor.

Good luck with your Uncle, OP. He's thieving on you and your sister. Light him up, don't need him. See if your lawyer will settle for his 1/3 after all said and done.

 

[dprimm]

While you are at it, apply for your larry.

Your uncle lit the match and brought a knife. Bring something bigger and nuke it from orbit (it's the only way to be sure)

 

[T.Lex]

In 2011 my father passed away suddenly (I was 16). No will was left and according to the lawyer everything was to be split between my sister and I.

What lawyer? Go back and talk to him/her. Probably the best place to start - unless the lawyer was hired by the uncle.

 

[LarryC]

Yes. U just can not buy a hand gun when u are under 21

Yes you can buy a handgun in Indiana at or above age 18! Federal law prevents an FFL dealer from selling a handgun to a person under 21, but it is perfectly legal to sell or purchase one at age 18 from or to a private citizen (non FFL licensee). You can also obtain an Indiana LTCH at age 18.

 

[Droogie]

In 2011 my father passed away suddenly (I was 16).

My father passed when I was 22. That was rough. At 16, that's even rougher. I know some of what you're (still) going through.

Twenty-some years later, I still love using my father's tools. It somehow connects me to him. You should have his guns.

He took, among other things, my fathers pistols (S&W .22 and 9mm). He says that I can have them back any time... But when I ask to get them he tells me I can not have them. Now being 20 I want what is rightfully mine. Any advice is helpful! Please and thank you in advance!!

I hate to be the only one to defend the gun-grabbing uncle, but there is some chance he's holding the guns to protect you. Do you have any experience/training?

If not, I'd be happy to provide some free (amateur) training. I'm pretty good at teaching safety and the basics of shooting. I shoot at Tim's in Westfield. I'm guessing from your username that your somewhere close in North-West Indy.

 

[warthog]

LAWYER! That is your best chance. Get a lawyer.

 

[45 LongColt]

I agree as above, get a lawyer. And please keep us posted how it turns out.

 

[Gunner72]

Yes. Lawyer up. Probably going to cost you a little bit of money. Sorry to hear about your father ,and your so called uncle.

 

[Libertarian01]

To AlexNWI,

First, deepest condolences on your loss. I know it was a while ago but issues like these can bring back strong emotions.

Think of the lawyer as an adviser. You don't have to do a single thing they say. You don't have to sue anyone or get ugly. However, by speaking with one who has your sole interests in mind you can get professional advise about what all of your and your sisters options are. The lawyer can help you make more informed decisions before you decide to do anything, or nothing at all.

Remember, YOU will be in control of more of your life with the information a lawyer can provide. There are many times we can read the law but remain woefully ignorant of court precedents, case law, and common legal concepts. The lawyer will give you the tools to help you decide what action to take. Also, think of your sister. She may have similar feelings about certain things deep down but doesn't want to cause trouble. By learning about protecting yourself you are also learning about protecting her as well.

Regards,

Doug

 

[churchmouse]

Not being snarky or mean but my kids are well aware of me feelings/intentions as to my firearms. So does my spouse. They are in writing. Executor is already in place.
Was your Dad remiss in these things or did his passing come as a surprise. Might be more to this.

 

[Hogwylde]

Unfortunately, a lawyer won't do you much good. Unless you can PROVE that a) the guns were owned by your father, and b) your father wanted you to have them (i.e. a WILL). Since Indiana doesn't register guns and you/your father probably don't have records of the sale or serial numbers.....you don't have proof that they were even your fathers in the first place. It will be a he said/you said situation with no clear proof of ownership. You also stated that there was no will, so no proof that he intended for you to have them. Yes, you are correct that you and your sister are entitled to all your fathers "stuff". But, without a record of what "stuff" he had (i.e. a WILL/vehicles titles/records of ownership with his name on them) all of your relatives can come and clean out all your dad's "stuff" and you REALLY can't do much about it.

 

[mom45]

Unfortunately, a lawyer won't do you much good. Unless you can PROVE that a) the guns were owned by your father, and b) your father wanted you to have them (i.e. a WILL). Since Indiana doesn't register guns and you/your father probably don't have records of the sale or serial numbers.....you don't have proof that they were even your fathers in the first place. It will be a he said/you said situation with no clear proof of ownership. You also stated that there was no will, so no proof that he intended for you to have them. Yes, you are correct that you and your sister are entitled to all your fathers "stuff". But, without a record of what "stuff" he had (i.e. a WILL/vehicles titles/records of ownership with his name on them) all of your relatives can come and clean out all your dad's "stuff" and you REALLY can't do much about it.

This is why I take photos of all of our guns as we buy them and make sure the serial numbers are clearly visible. Not just for if we die, but if they are stolen, I can prove they were ours. I attach the receipt (if bought at a gun store) to the photos and store them with our important papers. If bought from an individual, I just note when they were bought and who sold it to us and attach that.

 

[osbornk]

I'm not so sure that the suggestions to get a lawyer are well thought out. The cost of a lawyer will most likely exceed the value of the 2 used guns and it will alienate the uncle forever. I would suggest that the OP go out of his way to get along with the uncle and I suspect the uncle will give him the guns when he reaches 21 or when he feels the OP is mature enough and responsible enough to have the guns. He might fear legal problems if the OP does harm to himself or others either intentionally or by accident.

 

[LP1]

I'm not so sure that the suggestions to get a lawyer are well thought out. The cost of a lawyer will most likely exceed the value of the 2 used guns and it will alienate the uncle forever. I would suggest that the OP go out of his way to get along with the uncle and I suspect the uncle will give him the guns when he reaches 21 or when he feels the OP is mature enough and responsible enough to have the guns. He might fear legal problems if the OP does harm to himself or others either intentionally or by accident.

The threat of a lawyer, and a couple hundred bucks to have one write a threatening letter might rectify the situation.

Other thoughts based on mistakes I've seen over the years...
1) Every important agreement needs to be in writing, or else it didn't happen. It doesn't matter who it involves.
2) We are not ENTITLED to any of our parents' assets. If they manage to get us to adulthood alive, healthy, and educated, without abusing us, their debt to us is paid. The rest is up to us.
3) Some relatives should be avoided.
4) There are several sides to every story.

 

[BugI02]

My father passed when I was 22. That was rough. At 16, that's even rougher. I know some of what you're (still) going through.

Twenty-some years later, I still love using my father's tools. It somehow connects me to him. You should have his guns.


I hate to be the only one to defend the gun-grabbing uncle, but there is some chance he's holding the guns to protect you. Do you have any experience/training?

If not, I'd be happy to provide some free (amateur) training. I'm pretty good at teaching safety and the basics of shooting. I shoot at Tim's in Westfield. I'm guessing from your username that your somewhere close in North-West Indy.

I would have to question whether the uncle has any experience/training also. In my mind to give any credence to that possible explaination he would need to know more than the person he was keeping the firearms from. I think the longer he keeps the firearms (if indeed he still has them) the harder it will be to recover them. I agree with Droogie, they were his fathers and he should have them.

 

[BugI02]

I'm not so sure that the suggestions to get a lawyer are well thought out. The cost of a lawyer will most likely exceed the value of the 2 used guns and it will alienate the uncle forever. I would suggest that the OP go out of his way to get along with the uncle and I suspect the uncle will give him the guns when he reaches 21 or when he feels the OP is mature enough and responsible enough to have the guns. He might fear legal problems if the OP does harm to himself or others either intentionally or by accident.

Not sure about others, but to me, the guns I got from my dad are priceless

 

[AlexNWI]

I hate to be the only one to defend the gun-grabbing uncle, but there is some chance he's holding the guns to protect you. Do you have any experience/training?

If not, I'd be happy to provide some free (amateur) training. I'm pretty good at teaching safety and the basics of shooting. I shoot at Tim's in Westfield. I'm guessing from your username that your somewhere close in North-West Indy.

I understand the fear of being uneducated and all but i know safety. I have been shooting since 7-8 y/o [first time i shot a 38 Special snub revolver]. i would love to get some advice on proper safety procedures though. I googled that and its about 2.5 hours away. I am in Northwest Indiana [ 40 mins from Chicago ] thanks for the offer though!

 

[AlexNWI]

Not being snarky or mean but my kids are well aware of me feelings/intentions as to my firearms. So does my spouse. They are in writing. Executor is already in place.
Was your Dad remiss in these things or did his passing come as a surprise. Might be more to this.

Was out of the blue. Driving home from work and had a little altercation with the rear of a tanker truck. But that aside he always told my sister and I that all the tools, house, guns, etc. are ours and we are to split them up how ever we please.

 

[AlexNWI]

Unfortunately, a lawyer won't do you much good. Unless you can PROVE that a) the guns were owned by your father, and b) your father wanted you to have them (i.e. a WILL). Since Indiana doesn't register guns and you/your father probably don't have records of the sale or serial numbers.....you don't have proof that they were even your fathers in the first place. It will be a he said/you said situation with no clear proof of ownership. You also stated that there was no will, so no proof that he intended for you to have them. Yes, you are correct that you and your sister are entitled to all your fathers "stuff". But, without a record of what "stuff" he had (i.e. a WILL/vehicles titles/records of ownership with his name on them) all of your relatives can come and clean out all your dad's "stuff" and you REALLY can't do much about it.

Both were purchaced from Bass Pro. Maybe they can pull some records?? I forgot about the no reg thing in indiana.