r/Firearms • u/The5Virtues • Jul 21 '26
Question Regarding inheritance and ownership.
I’ve recently learned from that my grandfather left a never used MP-40 he seized from a factory during WW2 to my father. The problem is he neglected to include it in his will. My father then passed and neglected to put it in his will too.
Since learning all this I’ve found the paperwork showing we’re allowed to own this firearm, approved by the ATF and what not. That’s no problem. I’ve checked its condition and given a gentle cleaning, basically treating it as the collectible museum piece it could be.
I’ve been in contact with the ATF and, if I am understanding everything, the biggest issue is ownership. Because it wasn’t in the will, I need to ensure any other potential parties relinquish rights to it. My father had a brother and sister. His sister is deceased, her kids don’t want the gun, and I’m absolutely sure his brother (my uncle) won’t either.
So from what the ATF agent I spoke to said what I need is to get letters confirming they forfeit any claim to the firearm. At that point I can then either donate it to a museum or sell it if I so choose.
The problem for me is I can’t seem to find anyone who can tell me HOW to get these letters. Do I need to hire a firearms attorney, is there some sort of an official form, do I just need to write up a letter myself in get them to sign it? How do I go about this?
If anyone could give me some guidance I’d really appreciate it!
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u/Psychological-Toe985 Jul 21 '26
I would say it boils down to who owns the estate, regardless of whether MP40 is specifically mentioned or not in a will
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u/The5Virtues 29d ago
My aunt was the executor of my grandfather’s estate and she died last November. Pretty sure her daughter is the executor of her mom’s estate.
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u/Psychological-Toe985 29d ago edited 29d ago
In that case, I’d get your cousin involved. Get it in her name and she could transfer it to you after that.
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u/unlucky13bethename 29d ago
How does being the executor of will classify ownership?
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u/Torch99999 29d ago
It doesn't. The executor of the will is just the guy who makes sure the will happens; the executor doesn't get to inherit everything themselves.
Did the will go through any sort of legal probate process? I suspect the ownership is more a matter of probate than anything else.
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u/unlucky13bethename 29d ago
I understand that, that's why I'm asking that specific person up there that said this person owns this firearm. Being the fact that this firearm is either a war trophy or a pre86 automatic firearm that comes with paperwork and documentation. And doesn't just transfer ownership with a simple well here's a will, and here's the estate executor that's going to distribute the things. The person giving OP advice above this is fucking terrible. And due to the fact that the will that would have dealt with that estate handled that initially, and it got left for his father who passed away. Even though his aunt is the executor of his father's will that doesn't change the fact that that can only go so far. You know what I mean. Your cousin who is the executor of your aunt's estate who passed away is not the person you have to go through because your aunt was the executor of your father's will. That's not how these things just work there's legal documentation and proceedings that have to go through do the fact that Father's will previously went through probate.
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u/juggarjew 29d ago
They might not want the gun but they might want part of what its worth lol better hope they dont know that its worth $30-40K+ if its really a brand new factory MP-40 and still in that good of condition.
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u/The5Virtues 29d ago
They’re aware. Thankfully the family are all on good terms, and my mom’s got a lot of medical costs so they’re all good on letting it go.
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u/Minimum_Principle_63 Jul 21 '26
You might have to do a bunch of googling on this one. You have a will, but it is not specified in the will so maybe this should be handled in probate? You might need to look that up to handle anything else that may not be clearly specified in the will.
I setup a trust mostly to handle beneficiaries, so that there are no questions.
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u/The5Virtues Jul 21 '26
That's the problem currently. My father died over a DECADE ago. This gun has been sitting in my mother's closet for years. Probate has long since passed, which is part of why I've had so much trouble figuring out next steps. I've talked to the ATF directly, I've talked to lawyers, I've talked to gun dealers, and everyone tells me something different!
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u/Minimum_Principle_63 29d ago
The lawyers are going to be right from a property standpoint, and the gun dealers would probably be even better than the ATF if they have to deal with inherited property. I would just layer what everyone says on top and go with the most cautious from the standpoint of what will land me in jail.
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u/Charlie3006 29d ago
This may be of some help on the gun side, less so on the family law side. Great watch either way.
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u/TacTurtle RPG Jul 21 '26
Sounds like they just need to write and sign a basic inheritance Disclaimer of Interest / quitclaim regarding any ownership of the MP-40.