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Posted: 3/29/2015 4:30:23 PM EDT
I made up a trust using NOLO 2011 software that came with quicken Willmaker 2011 and I have printed it out and have it ready to be notorized. If you are trustee of a trust how in terms of the law are you able to legally posses the NFA item? Is it because of state law? The will states lots of specified powers for things such as real estate and other things and also mentions state law, and state law mentions the duties of a trustee. Am I correct in thinking that is how a trustee can legally possess them?

from NOLO
Part 7. Trustee's Management Powers and Duties
A. Powers Under State Law
The trustee shall have all authority and powers allowed or conferred on a trustee under Indiana law, subject to the trustee's fiduciary duty to the grantors and the beneficiaries.
View Quote


from the Indiana Code
IC 30-4-3-6
Duties of trustee
Sec. 6. (a) The trustee has a duty to administer a trust according
to its terms.
(b) Unless the terms of the trust provide otherwise, the trustee also
has a duty to do the following:
(1) Administer the trust in a manner consistent with
IC 30-4-3.5.
(2) Take possession of and maintain control over the trust
roperty.
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Link Posted: 3/29/2015 4:52:14 PM EDT
[#1]
Whats your real question?
Link Posted: 3/29/2015 8:14:03 PM EDT
[#2]
Am I ready to go with the trust the way it is worded. I Was trying to understand how you could legally possess the nfa items even though the trust itself doesn't mention possessing property beside real estate, then I looked into my state laws regarding trusts. Is that how it works?
Link Posted: 3/29/2015 9:01:16 PM EDT
[#3]
It's a trust...a trust owns whatever, just like a person. A trustee acts on behalf of the trust. The Class 3 legal forum would be a better place for this, BTW. http://www.ar15.com/forums/f_6/50_Class_3_Legal_Issues_And_Questions.html
Link Posted: 3/29/2015 9:49:07 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Am I ready to go with the trust the way it is worded. I Was trying to understand how you could legally possess the nfa items even though the trust itself doesn't mention possessing property beside real estate, then I looked into my state laws regarding trusts. Is that how it works?
View Quote


A trust is a legal entity that owns property, just like a corporation but without all the tax reporting and whatnot. As the trustee of the trust, you are responsible for holding the trust property for the beneficiaries. In an NFA trust, you are the grantor AND trustee. This means you provided the property to the trust, and you hold that property until your death.
Link Posted: 3/29/2015 10:08:39 PM EDT
[#5]
I was not aware of that section sorry, I don't post much. Am I correct in my initial post in regards to the law?
Link Posted: 3/29/2015 10:39:36 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I was not aware of that section sorry, I don't post much. Am I correct in my initial post in regards to the law?
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Uh, probably? I'm still not sure what you're asking. Trusts own property. NFA items are property. If you are a trustee, and are legally allowed to use NFA items, you can buy and use them on behalf of a trust. No special language is needed.
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