Need clarification on a gun my dad bought on credit

Posted by teamrocketexecutiv3@reddit | Firearms | View on Reddit | 21 comments

Not sure if this is truly a legal issue, but I'm trying to figure all of this out as fast as possible. I'm in Louisiana and the gun was purchased in Louisiana.

My dad bought a handgun on a bass pro shop credit card. He still owes a few hundred on the card. He's in the hospital terminally sick and I'm his POA. When he passes and I notify the credit card company that he's deceased, does that affect the status of the gun at all?

I need to know if I need to return the gun to get any cash I can to pay off the card and settle this or if it doesnt matter? Would it just be inherited and then we can transfer the gun?

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ardesofmiche@reddit

Credit cards are an unsecured debt, so they won’t come after the gun to repo it like they would a car you were behind on

What your dad owns will be used to settle what he owes though, so his estate is gonna end up paying off the credit card now or after he passes either way

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teamrocketexecutiv3@reddit (OP)

Thank you for the help, I really appreciate it. Money is extremely tight so paying off the debt isnt an option. He also doesnt own anything aside from some old furniture and a couple guns, so idk what will be left to pay off anything once he passes.

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p00trulz@reddit

When your father passes, anyone he owes money to will be first in line for repayment from whatever assets he has. Anything left will go to his inheritors. If there isn’t enough left to cover his debts, it stops there and they just won’t get repaid. You won’t be responsible for paying off leftover debts, which seems to be your concern.

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Palehorse67@reddit

Don't worry about paying anything off. My dad had tons of credit card debt. When he died I didn't pay shit off. They can't come after you to pay anything off. And if they try to tell you you have too, tell them to fuck off. You don't need to transfer any guns. They are inherited.

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BeenisHat@reddit

What guns? 😏

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Palehorse67@reddit

Exactly

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BeenisHat@reddit

Yeah, don't pay anything once he passes. Especially not unsecured debts like credit cards. Some furniture purchase plans are actually secured and could lead to the store trying to repo the furniture. The amounts and time open really determine how they will proceed. Something like a mattress and couches, they'll usually leave because they have a lot of trouble reselling those.

And if you'd like to keep those guns, have your dad give them to you. Depending on your state, it could be as simple as you taking the guns out of the house to your place. Possession makes them yours.

Others might require a background check for the transfer. It also might require notifying the state or city if your state requires gun registration. Either way, anything you don't want some probate attorney taking, remove from the home and shut up about it.

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ardesofmiche@reddit

If money is super tight, don’t worry about the credit cards if they’re in your dad’s name. When he passes, it’ll be up to the credit card company to pursue it and 9/10 they won’t. Keep a copy of his death certificate and send it to creditors that come calling

Debt is not inherited, it won’t be yours to pay. If he has assets (like a house or 401k or something), the creditors might sue the estate which will make the estate pay. But you personally don’t have to. Don’t listen to debt collectors, biggest scam artists to ever live

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mikeg5417@reddit

When my father passed away, he had one credit card with a couple hundred dollars on it. When I called the card company to let them know he had passed and ask for guidance, they told me to send a copy of his death certificate and they would close it and we were not responsible for the debt.

As someone else said, the debt is unsecured, and they charge their high interest rates so they don't have to chase family for the balance.

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ardesofmiche@reddit

That’s usually what they do, if it’s a small debt they won’t bother chasing it

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Free_Road697@reddit

Youre going to have some scummy companies that are going to claim you need to pay your father's debts, went through it with my grandfather. You are not legally obligated to pay ANY of his debts unless it is on property (i.e. house, vehicle, trailer etc) that a bank can seize. My grandfather owed more in taxes than his house and vehicle were valued at so I just let the bank take it all, but beat believe I cleared EVERYTHING out of them. The credit card companies and loan companies kept harassing me saying since I was his executor and beneficiary that I needed to pay his debts he owed to them. I told them go to hell.

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teamrocketexecutiv3@reddit (OP)

Yea thats what my aunt was telling me. Ive been slowly taking out funds in his account and making sure there's enough in there to pay a couple bills and rent next month. My plan is to send them a copy of the death certificate and block their calls. Ive dealt with debt collectors that have bought old debts before and they ain't getting a dime out of me.

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BeenisHat@reddit

Make sure you're keeping receipts for these rent and utility payments and that's the only thing you're paying. You don't want some slimeball attorney claiming you're trying to hide money to avoid paying creditors should anything go to probate. The judge or arbitrator will look at the withdrawals, see your receipts for electric bills, water bills, food, rent, etc. and laugh at the other attorney.

Send certified letters to any debt collectors telling them he has passed, they are only to communicate by mail and include a copy of the death cert.

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Billybob_Bojangles2@reddit

Condolences my friend

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Unicorn187@reddit

It's no different than if he had used that card to buy a computer, or a jacket, or a boat.

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Dak_Nalar@reddit

CFP here - The card company cares about the money, not the items bought with it. When you settle your father's estate, you will pay off the credit card bill at that time with what's left of your father's assets. If it is a small credit card, though, most cards will just have you send a copy of the death certificate, and they will forgive the debt. If it's tens of thousands of dollars, they will try to recoup that money in probate court. But they will want cash, not the items purchased with the card.

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You (or whoever the beneficiary is) will be able to receive the firearm once the estate is settled after the probate process. As far as I know, Louisiana does not have any sort of state registry or anything like that you need to worry about. There is no such thing as a federal registry. It is as simple as picking up the gun and saying, "This is mine now".

Just a word of advice though, POA only lasts while your father is alive. As soon as he passes, the POA becomes a worthless piece of paper, so make sure you get everything taken care of now, like closing out bank accounts and signing any important documents. When he dies the POA powers go with him.

I'm sorry you are in this situation. Losing your father is one of the worst experiences of being an adult. I hope you have good people around you to help.

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teamrocketexecutiv3@reddit (OP)

Yes, I've been running around and making phone calls like crazy trying to get everything taken care of. My sister and aunt are helping me so it's not overwhelming. I did a handwritten last will and testament that I helped him write and he was able to sign it but I need to find out if it's good enough or if I need to do a typed one to get notarized too.

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Dak_Nalar@reddit

Wills are not binding; they are just guidance for the probate judge to decide what happens to the assets. If there is any chance of someone contesting the will (angry cousin/ex-wife/ etc), you will want to get more documentation. The more ironclad it is, the better in case of contention.

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