Recent Surveys find that about 40% of adult Americans own a gun or live in a household with someone who does. Read the article titled “Key Facts About Americans and Guns” by Katherine Shaeffer at the following link:https://www.pewresearch.org/fact-tank/2021/09/13/key-facts-about-americans-and-guns/
The American Public Health Association found that a firearm is the most common means of suicide in the United States and that rates of firearm suicide are highest among those age 75 years or older. Read the article titled “Current Considerations About the Elderly and Firearms” by Brian Mertens and Susan B. Sorensen, PhD at the following link: https://www.ncbi.nlm.nih.gov7668//pmc/articles/PMC348
Each of us must consider the mental status of every household member. We should engage in discussions with our family members or with trusted friends or professionals about guns in the home and any risk to household members and caregivers.\
It is important to discuss your gun ownership with your attorney to determine the best course of action regarding your guns and your estate plan in consideration of your own individual circumstances.
You might consider using a Florida Gun Trust which can purchase and own Title II firearms. A Florida Gun Trust helps avoid the criminal liability of owning, using, and sharing a Title II gun. Title II firearms can be used by any of the qualified trustee members that are not prohibited from owning a Title II firearm.
If you don’t have a Florida Gun Trust, consider whether the person you named as your power of attorney is legally authorized to possess and transfer weapons. Is that person aware that you have weapons? Consider what will happen to your guns after you pass away. What do you want to happen to them? Is the person you named as personal representative of your Will someone who is legally authorized to
possess and transfer weapons? Is that person aware that you have weapons? Is that person comfortable with distributing weapons to your beneficiaries? Are your beneficiaries legally authorized to possess firearms? Are your intended beneficiaries in other states? State laws vary on this topic.
Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.