I need advice please!

[mom45]

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

If you have some idea of when they were bought, I would inquire. You may need to take a death certificate or something to show that your father has passed and that you are his son to get the info.

 

[winchester]

go talk to your uncle about the guns , house, insurance and record everything he says without him knowing. that will b your proof that he took them???

 

[singlemalt]

Sorry for your loss. When my folks passed my brother and I managed to get through this very amicably. AS was stated before in this thread a lawyer provides advice. Nothing more. You are free to do whatever you want but they will be in your corner looking out for your interests. Hire one and be advised.

 

[Hogwylde]

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

That won't do you any good. All you can prove is that your father owned them at one time. Your uncle can claim they were sold/given/traded to him at some point prior to your fathers death. You have no proof that your uncle does not have legal ownership of the weapons and you have no proof that he took them unlawfully from you/your father. Unless you have something in writing that proves your father owned the weapons at the time of his death, you're screwed.

My father was in a nursing home for the last two years of his life. I took "possession" of his guns from my mother when she moved out of the family homestead and into a condo across the street from him. I cleaned them and cared for them until he died. I could have disposed of them at any time and there is nothing that my mother/brother/sister could have done about it. I had "possession", there is/was no record of their transfer to me. As far as the State of Indiana was concerned, they were mine. No one in my family would have been able to claim they were stolen or missing. And, no lawyer is going to be able to get them back for you. Don't waste your money. if your uncle doesn't want to give them back to you, you are SOL.

 

[Droogie]

if your uncle doesn't want to give them back to you, you are SOL.

Probably true.

The first thing to ask uncle is why he's not willing to hand them over. If uncle's motives are good, there is room to work.

 

[Thor]

Uncle is not fair guy.

Lawyer up.....tomorrow. Unless he was beneficiary on the policy not sure how he could get it.

Oh.......Screw having bridges to bad people.

Shack (on target) being family gets you in the door, once trust if violated it no longer matters, especially if you're not married to them. Threaten to sue his a$$ then sue his a$$. I've put up with PITA relatives until I will no longer accept their S#i^. I'm a much happier person now. They will continue to pi$$ you off until you make it stop.

 

[Hogwylde]

............Somehow he has my fathers life insurance too.... :|

I've run into this issue with recently deceased parents. Life insurance pays to whomever is listed as beneficiary. Wills and power of attorney's don't make a hill of beans difference. Lack of wills doesn't mean a thing either. Life insurance pays to the listed beneficiary PERIOD. If said beneficiary is deceased and "per stirpes" isn't stipulated as alternate beneficiaries (which means to any surviving children/parents/spouses), then the proceeds go to the beneficiaries estate. If your uncle has your fathers life insurance, it's because your uncle was listed at the person to receive it, not you. There is NO WAY he got it illegally.

 

[churchmouse]

I've run into this issue with recently deceased parents. Life insurance pays to whomever is listed as beneficiary. Wills and power of attorney's don't make a hill of beans difference. Lack of wills doesn't mean a thing either. Life insurance pays to the listed beneficiary PERIOD. If said beneficiary is deceased and "per stirpes" isn't stipulated as alternate beneficiaries (which means to any surviving children/parents/spouses), then the proceeds go to the beneficiaries estate. If your uncle has your fathers life insurance, it's because your uncle was listed at the person to receive it, not you. There is NO WAY he got it illegally.

Seems like maybe Dad was not going to give the kids anything.

 

[Libertarian01]

I've run into this issue with recently deceased parents. Life insurance pays to whomever is listed as beneficiary. Wills and power of attorney's don't make a hill of beans difference. Lack of wills doesn't mean a thing either. Life insurance pays to the listed beneficiary PERIOD. If said beneficiary is deceased and "per stirpes" isn't stipulated as alternate beneficiaries (which means to any surviving children/parents/spouses), then the proceeds go to the beneficiaries estate. If your uncle has your fathers life insurance, it's because your uncle was listed at the person to receive it, not you. There is NO WAY he got it illegally.

Maybe we are unclear but there is a large difference between "physically having the paper policy" and being named as the beneficiary. If the loving uncle came in and cleaned out all of the paperwork he may not have received the death benefit but he IS keeping his niece and nephew from receiving what is rightfully theirs. Just because they are listed as beneficiaries doesn't mean squat if the insurance company doesn't know their client passed away because a claim in never filed.

This could be a tactic used by a controlling uncle to keep the kids under his thumb. Niece and nephew with an extra $100k each are far more formidable opponents than two (2) kids who just lost their father and have little or nothing to their names.

This is an easy fix. Alex needs to go to his fathers insurance agent and just speak with him/her directly. Ask the agent if dad had any life insurance and who the beneficiaries were. If he and/or his sister were named the agent can help them file a claim without the uncle being involved at all. Thinking about it he also out to check where dad worked (if he was still working) and see if they had any life insurance on their employees. Again, the insurance company will never pay if they are never informed of a loss.

It is sad but it seems there always has to be one troll in every family when there is a funeral. I have seen firsthand what they can do if they are evil, and one was.

By the way, EVERYONE in Indiana has a will! Either you write one yourself OR you get this tragedy from Indiana: Ind. Code § 29-1-2-1 : Indiana Code - Section 29-1-2-1: Estate distribution

In this event, IF I am reading it correctly, IF a parent dies without a spouse the children inherit EVERYTHING! A lawyer would be required to give better interpretation of this nonsense than I can.

Regards,

Doug

 

[spankys56]

Alex,
Here is how it is! Money and things will tear a family apart when a estate is concerned. Sounds like your uncle is a a$$ hole like mine. I have not talked to my mother in 5 years due to my grandfather taking her and my uncle out of his will and putting my brother an I on. Grandpa knew that all they were after was his ****, and he took care of it nice and neat in his will. Opened my eyes to the true people that my mother and uncles are!!!! Don't worry about burning a bridge with family they will stick it in your a$$ the first chance they get.