What do I need to do to sell my late father&#39;s firearms in Arizona? My father passed away in April of this year, and despite insisting he had a will, he apparently never got around to actually making one. Luckily, all of his assets were jointly owned by him and his wife, so we were able to avoid probate for the big stuff. Unfortunately for us, though, he left behind a large number of firearms and ammunition that we don't really plan on keeping. As we intend to sell the majority of them, what steps do I need to take for us to do so? Can I contact a few dealers to see if we can sell them, or do we need to go through a lawyer to do so? Do we need to file an AZ Small Estate Affidavit (personal assets under $75k) before we can do anything with these? If so, how do we go about valuing them? Due the the number of firearms, my step mother is understandably worried about transporting them around town. I've tried looking around online, but searching for &quot;guns&quot; and &quot;laws&quot; on the internet turns up a lot of less-than-credible sources.
There are no rules against private sales of firearms in Arizona. If you (or your mother) own the guns, you can sell them to anyone you like unless you have reason to believe they are a prohibited possessor. There is no legal requirement for you to validate their identity. There is no limit on the number of guns you can sell to one person. A bill of sale is optional. You don't need a lawyer and, honestly, I'm not sure what a lawyer would do to help you sell a gun. The laws, being what they are, lead some to conclude that this must be how prohibited possessors get their guns. It's not. Most &quot;illegal&quot; guns are bought through straw purchases in which a person with a clean record buys a gun for someone who is not legally allowed to own one. You can work through a licensed dealer if it makes you feel better. If you don't want to use a dealer, you can simply require that a buyer have a concealed carry license as evidence that they are not a prohibited possessor. The CCW is not a surefire way to guarantee anything though. Personally, I would transact a private party sale with individuals via a dealer. You're in AZ. There is no shortage of gun buyers! At the risk of breaking site rules, you can also list guns online. For example, www.gunbroker.com is a popular site and follows an eBay-style bid structure (I have no affiliation to them). This model ensures that you get market price for the gun rather than trusting that a dealer is going to give you a fair price (they won't; they make their money buying cheap and selling at market rate).
That really sucks. I've had similar experiences when handling the probate proceedings of lawyers who were not good about returning original wills to clients. I am providing an answer under general principles without researching Oregon specific accounting, record retention and probate laws, to at least give you a start although I recognize that a better answer would research these questions. The accounts/clients from her business were sold to another woman. Is it legal for us to transfer everything to her possession? Probably yes. There should be a government agency in Oregon that regulates accountants that has rules regarding that question. The linked rule seems to govern this situation. It says in Rule 801-030-0015(d) that: (d) Custody and disposition of working papers. (A) A licensee may not sell, transfer or bequeath working papers described in this rule to anyone other than one or more surviving partners or stockholders, or new partners or stockholders of the licensee, or any combined or merged organization or successor in interest to the licensee, without the prior written consent of the client or the client’s personal representative or assignee. (B) A licensee is not prohibited from making a temporary transfer of working papers or other material necessary to the conduct of peer reviews or for the disclosure of information as provided by section (1)(b) of this rule. (C) A licensee shall implement reasonable procedures for the safe custody of working papers and shall retain working papers for a period sufficient to meet the needs of the licensee’s practice and to satisfy applicable professional standards and pertinent legal requirements for record retention. (D) A licensee shall retain working papers during the pendency of any Board investigation, disciplinary action, or other legal action involving the licensee. Licensees shall not dispose of such working papers until notified in writing by the Board of the closure of the investigation or until final disposition of the legal action or proceeding if no Board investigation is pending. So, a transfer to a successor firm appears to be permitted. What if she refuses to take the documents? Her probate estate could retain them and stay open, they could be returned to clients, or there could be a rule established by the Oregon body that regulates accountants that authorizes a central depository of such records. In Colorado, for example, in the case of law practices with no successors, original wills and estate planning documents can be deposited in the records of the court with probate jurisdiction that has jurisdiction over the territory where the decedent's practice was located. But, I could not locate any provision of this kind in Oregon law. Is it legal for us to destroy/shred/etc. the documents? In many cases, yes. Some states, by statute or regulation, and others by custom, allow business records to be destroyed as a matter of course, normally one year after the longest statute of limitations that could apply to a dispute where the records would be relevant (often seven years since the longest normally applicable tax statute of limitations is six years). Destroying tax returns is usually not a big concern because a transcript of the old tax returns can be ordered from the tax collection agency where they were filed. But, business records related to purchases of property and capital improvements and depreciation, and related to divorces, can be relevant for decades after they were created, so the more honorable course of action would be to make at least a cursory effort (such as a postcard sent to a last known address of each client with a deadline for requesting a return of their file) to return the files of clients that include original business records as opposed to mere copies of tax returns. Oregon has a seven year retention rule for most purposes pursuant to Rule 801-030-0015(e) which is linked above: (e) Retention of attest and audit working papers. (A) Licensees must maintain, for a period of at least seven years, the working papers for any attest or compilation services performed by the licensee together with any other supporting information, in sufficient detail to support the conclusions reached in such services. (B) The seven-year retention period described in paragraph (A) of this subsection is extended if a longer period is required for purposes of a Board investigation as provided in paragraph (d)(D) of this rule and OAR 801-010-0115(3). The referenced rule in that rule states: (3) Requirements upon resignation. Upon resignation, a former licensee is required to: (a) Surrender the CPA certificate or PA license to the Board; (b) Take all reasonable steps to avoid foreseeable harm to any client, including but not limited to providing written notice of resignation under this section to all clients and inform all clients of where client records and work papers will be stored and of the clients’ right to secure copies of all such records and work papers at no cost to the client; (c) Maintain client records for a period of at least six years, or return such records to the client; and (d) Continue to comply with the requirements of OAR Chapter 801 Division 030 pertaining to confidential information and client records. (e) For the purpose of subsection (b) above and unless otherwise required by the Board, a resigning licensee of a registered firm is required to give written notice to only those firm clients for which the resigning licensee was the sole or primary CPA on an engagement, an engagement leader, or the client relationship manager. In practice, the consequences of destroying a record that shouldn't have been destroyed are likely to be minimal, because any recovery would be limited to the assets of the estate and there is a time limit for making claims against estates which is quite strict, and your grandma has no license to revoke. But, again, the honorable thing to do in order to honor her legacy and do right by her former clients would be to either transfer the records to a successor firm or to attempt to return them, as she would be required to do if she had surrendered a license during life.
I think you're referring to this image: This is the prosecutor pointing the AR-15 at the jury. Evidence, including guns, is allowed in the courtroom, but the prosecutor was widely criticized for his dramatic antics: pointing it directly at the jury, with his finger on the trigger (the rifle should have been checked for being empty, but not having your finger on the trigger unless you intend to shoot, no matter what, is elementary gun safety).
Laws regarding billboards and advertising are very local in nature and are typically handled under city/county zoning ordinances. Start with calling your local county zoning office. They will tell you the city/county laws regarding your particular residential zoning overlay, if city or state laws supersede county laws, and recent changes in law that might matter and if the sign might be grandfathered. There can be different types of "residential" zoning and the city/county will tell you this; some allow limited commercial use and signage, and some don't. The housing subdivision you are in may also have covenants; you'll know if there are covenants if you received information when you bought property in that subdivision. 1,2,3,4,8: These depend on local laws. 5: Very generally speaking, land owners typically do not have absolute rights to land usage; that is the rationale behind zoning laws (among others, like health and public safety, building codes, national defense, etc.), because some types of land usage impact adjacent users and the general public. 6, 7: Potential consequences include fines and requirements to take the billboard down, but again, those possibilities are very localized. The size of the billboard could come into play; again, this will be very localized. Some signage may be grandfathered, too. In order for the city/county to look at the situation and possibly take action, you may have to file a written protest with the zoning office; they would help with the process. You may have to present your case at a public city council or county commission meeting, but that basically involves saying such and such is happening and you want the city/county attorney to look into relevant laws. It would help your case if you had a list of names of others in the area who are also unhappy about the billboard. I doubt you will need legal representation to lodge a protest, but if it comes to that, Google for free legal aid in your area. If the city/county attorney won't take action (which is possible, as this involves prosecutorial discretion as to if the city/county wants to press the issue with the landowner), you can look for free legal aid in your area and consider your options.
I'm assuming you are talking about something like this You didn't specify where you live, but in many places it is illegal to block the sidewalk with a car. I just looked up my local ordinances and it is there. In fact, it is your driveway, but often the land up to and including the sidewalk is considered part of a public easement. Typically you are required by law to maintain any grass in the easement, but if the sidewalk were to fall into disrepair, the local government would fix it. Information on easements can also be found in your local ordinances, here is an example in my area. Should I fight this ticket? You can try, but I doubt you will win. Is there anything I can do to my driveway to allow me to actually use it? I would suggest asking on Lifehacks. And post a link here to your question if you do, I'd be curious to know what they come up with.
A child is not property, therefore a (deceased) parent cannot transfer ownership. In case the sole custodial parent dies, the court will appoint a guardian for a minor child, and will take into consideration the wishes of the deceased parent, however their primary duty is to protect the interest of the child. It follows from this that objections to nomination of Smith as guardian are more easily sustained, since the requirements for being a guardian (e.g. in Washington) are stricter than the requirements for receiving $100,000. RCW 11.130.090 excludes any guardian who has been &quot;convicted of a crime involving dishonesty, neglect, or use of physical force or other crime relevant to the functions the individual would assume as guardian&quot;, but such a person is not barred from inheriting property. There are limited formal grounds for contesting a will: testator mentally incompetence, formal failure of the document, (the laws surrounding signatures and witnesses), no clear indication that the document is intended to be a will, forgery or fraud, undue influence (such as a gun to the head), or mistake (for example, mistakenly believing that their child was dead therefore leaving it all to a neighbor). So it is possible, but not so easy, to contest a will. Organ donation takes place under separate laws: you can't wait for the probate process to get finished in three months before donating organs.
Every state requires at least two witnesses to a will unless it is entirely written in your own handwriting. A lawyer as a witness is fine. A spouse as a witness is not ideal as she would be an interested party if there was a dispute over whether it was executed. It may not be prohibited, but I would never do that in my practice ever. I discontinued a will signing just last week because we only had a lawyer and a spouse and not other witnesses. I would be somewhat concerned.
ORS 166.220 suggests this would be illegal - specifically its &quot;unlawful use of a weapon&quot; if a person (emphasis mine): Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge. So what's &quot;within range&quot;? With a homemade bow of unknown construction, draw weight, and unknown arrows I'd say it's pretty much going to be something you find out when an arrow goes that far. I wouldn't expect it to match the range of high-end bows and arrows (I've seen 40lb recurves cover ~250 yards) but 100 yards plus doesn't sound ridiculous - more if it's got some elevation to it. The point is you really don't want to find out the hard way when a shot goes astray giving your neighbours the old King Harold treatment.