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View Full Version : Can an executor take guns from property owner who has felonies?


jewelbryant8
Mar 19, 2014, 10:05 AM
Man has 35 guns. He was a felon. Can his guns be taken from the will by executor tokeep them or leave to beneficiaries? He had other people's guns which he leftto owners. All guns were kept (executor keep) and sold. Are they in trouble forthis? Mainly kept for (executors) self. No guns but a few were given to owners.

Did not carry out estate owner's wish for all his belongs. Kept everything. Cut wife out of will and took all she owned. Has left probate with pending bills.Was never told or asked anything. All was kept from me. Took letter for willand disposed of real will. I know this because I read the real one. He had over20 -30 thousand dollars in gun loading equipment and wood working tools of allkind, tools for cars fixer, tools from mill he worked in for 38 yrs.

He put his trust in the wrong hands, thought he could trust them. I did not get to read or see the letter. Can he get in trouble for this? Do I have a right to contestthis will?

Thanks

ebaines
Mar 19, 2014, 11:03 AM
There seem to be several issues here:

1. You say there was a will, and that the executor didn't follow it but instead followed directions that were in some sort of letter. Are you sure that the "letter" was not a properly executed will?
2. Do you know whether the "executor" has been properly named by the probate court? If so, then the will is public record and yuo can go get a copy for yuorself.
3. You ask if you can contest the will - it's not clear that a will was ever submitted to the probate court, but if there was you haven't indicated why you think it might be invalid.
4. If you believe that the executor is not following the directions of the deceased's will then you can go to court and challenge his authority as executor. If he has misappropriated funds, causing you financial harm then you can sue him.
5. You say the executor took things that properly belong to the widow - if this is the case then she can sue him.
6. I can't tell what point you're trying t make about the guns - those that are an asset of the deceased's estate should be distributed to heirs in accordance with the will, and those that did not belong to the deceased should be given back to their rightful owners. If they aren't returned those owners can sue whomever has them.

ScottGem
Mar 19, 2014, 01:22 PM
An executor is charged with carrying out the provisions of a will. If the executor did not do this, they can be sued or possibly face criminal charges.

As ebaines said, however, your post is not very clear on a lot of details. You need to answer the questions asked so we can try to help further.

cdad
Mar 19, 2014, 01:50 PM
Which man was a felon? If it was the person that died then there is no recourse at this time. If the Executor was a felon then they should have never taken possesion of the guns.

odinn7
Mar 19, 2014, 07:57 PM
Cdad is correct. A felon is not allowed legally to even handle a firearm...federal law. So if it is the deceased, too late now. If the executor, he could face charges.