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legal question
riflemike
Member Posts: 10,599 ✭
you know my mom passed a few weeks back... she had a very small life insurance policy 10,000.00 and my dad was beneficiary...he passed 5 years ago..there was no contingents....Insurance sent a check payable to my moms name estate... ok we have to open a small estate account according to the clerk of court and the lawyer... what exactly is opening a small estate for... is it for creditors to come and get if they want to
thanks
thanks
Comments
I Have a Question That Needs Attention![:0]
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So the question was can a person without a carry permit have a loaded handgun in a vehicle. The general consensus is that there is no way. After reading the law a few dozen times that might not be true.
The first law says,
RCW 9.41.050
Carrying firearms.
(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.
(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
The next law says,
RCW 9.41.060
Exceptions to restrictions on carrying firearms.
The provisions of RCW 9.41.050 shall not apply to:
(1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;
(2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
(3) Officers or employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;
(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
(10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.
Now the second law does not address vehicles. But if I am now reading it right the second law section 8 exempts all the stuff in the first law.
Some help would be great.
Who would you contact to find out for sure?
A) murder,
C) merely making an obscene clone fall.
[:D][:D][:D][:D][:D]
The only thing worse than lawbreakers, are lawmakers.
Extortion?
(Hypothetically, of course)
If theres not is there a way to make it legally his when hes 18? Would the father just give it to him and its his?
The Organic Act of Guam is what puts them under US authority/laws.
US Code Title 18, Chapter 44 (Firearms) Section 926 (2) (a) says:
No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.
Guam has a mandatory firearm registration law. Violates the above US Code.
http://www.guamcourts.org/CompilerofLaws/GAR/27GAR/27GAR001-1.pdf
http://www.guamcourts.org/CompilerofLaws/GCA/10gca/10gc060.PDF
The NRA knows about it and does nothing:
http://www.nraila.org/GunLaws/federalgunlaws.aspx?ID=55
I just need to find out what year they started requiring Firearm ID's...if it's after 1986 I got 'em 'eh?
ADDENDUM: I chose not to involve probate or lawyers.
And yes,...you are correct.
It is to be sure all of her expenses are paid before someone takes the money for themselves.
Do not take what I am saying as anything towards you. I'm simply trying to explain why they do this.
Had she changed the beneficiary to you, this would not be an issue.
With your mother's death, there is unfinished business. Checks come in, payments are due. (The funeral director will expect to be paid.) If you had power of attorney, that is no longer valid after her death. An estate account is what the personal representative uses to settle financial matters.
The lawyer will file a notice in a legal publication once the estate is ready to be distributed. Creditors have the opportunity to petition the court for their due at this point, if you have not paid them from the estate account.
Neal
Creditors do not "come & get what they want".
With your mother's death, there is unfinished business. Checks come in, payments are due. (The funeral director will expect to be paid.) If you had power of attorney, that is no longer valid after her death. An estate account is what the personal representative uses to settle financial matters.
The lawyer will file a notice in a legal publication once the estate is ready to be distributed. Creditors have the opportunity to petition the court for their due at this point, if you have not paid them from the estate account.
Neal
funeral director got his cut out of that check..
Creditors do not "come & get what they want".
With your mother's death, there is unfinished business. Checks come in, payments are due. (The funeral director will expect to be paid.) If you had power of attorney, that is no longer valid after her death. An estate account is what the personal representative uses to settle financial matters.
The lawyer will file a notice in a legal publication once the estate is ready to be distributed. Creditors have the opportunity to petition the court for their due at this point, if you have not paid them from the estate account.
Neal
didnt really mean what they want I meant what they were owed....my sister was power of attorney I am executor
thanks
You can do it yourself. By mail or in person.
http://www.nccourts.org/forms/documents/735.pdf
Click on that link and follow the instructions.