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hobbydad
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Posted: 2/11/2012 7:53:40 PM

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I'm putting together a simple trust for NFA items, along with a few family members. My question is, do I need to name them all as Trustee's, along with myself, or can I just leave them as Successor Trustee's? I want to make sure we can each have legal possesion of anything on the trust, weather we're together or apart (we all live in NW Ohio). The program I used automatically listed them all as Successors, but that doesn't sound correct to me. Last thing I want to do is get any of them into hot water. Our ultimate goal is to pool our resources, get a nice collection together, and be able to use them together or individually at any given time or location. That, along with assuring the items future ownership/succession. Thanks in advance for any advice.
bigcbass
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Posted: 2/11/2012 10:51:00 PM
They will need to be trustees (or sometimes called co-trustees). If they are successor trustees they won't be able to possess the items until the original trustee dies.
Christopher Bass, Esq.
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Dallas Co., Texas
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christopherbass01@gmail.com

Home of the $300 Texas Gun Trust!
FredMan
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Posted: 2/11/2012 11:01:21 PM
Originally Posted By bigcbass:
They will need to be trustees (or sometimes called co-trustees). If they are successor trustees they won't be able to possess the items until the original trustee dies.


Or is otherwise removed as a trustee.

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hobbydad
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Posted: 2/11/2012 11:02:20 PM
Thanks for the clairification, that's what I thought. I'll have to manually change it in .pdf form.
nobodyspecial
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Posted: 4/23/2012 12:04:07 AM
I have a quick question that didn't need its own thread, as it could fit in with this one.

Can a co-trustee also be listed as a successor trustee?
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bigcbass
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Posted: 4/23/2012 2:23:26 PM
[Last Edit: 4/23/2012 2:23:40 PM by bigcbass]
That wouldn't really make since, because how could they be a successor of themselves?
Christopher Bass, Esq.
The Bass Firm, PLLC
Dallas Co., Texas
214-596-8314
christopherbass01@gmail.com

Home of the $300 Texas Gun Trust!
TitleII
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Posted: 4/23/2012 7:34:25 PM
Originally Posted By bigcbass:
That wouldn't really make since, because how could they be a successor of themselves?


OK, so now I'm confused bigcbass.

I was just getting ready to amend my trust to add a co-trustee. I want that person to handle the trust after my death. I was also going to name that person as a successor trustee.

Are you saying that if I list someone as a co-trustee so that they can use the trust assets, and then I, as the settlor die, I don't need a successor trustee because the co-trustee can act after my death and distribute the assets to the beneficiaries? In other words it would be redundant to list the person I want to handle the distribution of assets as a successor trustee if they are already a trustee?

Thanks for your insight.

bigcbass
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Posted: 4/23/2012 9:59:37 PM
[Last Edit: 4/23/2012 10:00:20 PM by bigcbass]


Are you saying that if I list someone as a co-trustee so that they can use the trust assets, and then I, as the settlor die, I don't need a successor trustee because the co-trustee can act after my death and distribute the assets to the beneficiaries? In other words it would be redundant to list the person I want to handle the distribution of assets as a successor trustee if they are already a trustee?


That is basically it. They just need to be a co-trustee. Basically the trustee (rather they are co-trustees or successor trustees) will take care of the items when the settlor dies.
Christopher Bass, Esq.
The Bass Firm, PLLC
Dallas Co., Texas
214-596-8314
christopherbass01@gmail.com

Home of the $300 Texas Gun Trust!
TitleII
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Posted: 4/24/2012 11:38:14 AM
Originally Posted By bigcbass:


Are you saying that if I list someone as a co-trustee so that they can use the trust assets, and then I, as the settlor die, I don't need a successor trustee because the co-trustee can act after my death and distribute the assets to the beneficiaries? In other words it would be redundant to list the person I want to handle the distribution of assets as a successor trustee if they are already a trustee?


That is basically it. They just need to be a co-trustee. Basically the trustee (rather they are co-trustees or successor trustees) will take care of the items when the settlor dies.


Thanks bigcbass!

nobodyspecial
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Posted: 4/24/2012 2:11:49 PM
[Last Edit: 4/24/2012 2:12:17 PM by nobodyspecial]

Originally Posted By bigcbass:
That wouldn't really make since, because how could they be a successor of themselves?

That was what I was thinking, but here is my concern. Can I just not list any successor trustees? The only person I would have on the trust would be my wife, and I want her to be a co trustee, so she can possess and use the weapons while I am gone.

This leaves me with nobody to list as a successor trustee.
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bigcbass
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Posted: 4/24/2012 5:30:19 PM
There is no requirement that you have a successor trustee. IMHO, you only need one if you only name yourself as a trustee in the trust. If you name more than yourself as a trustee, there is so need for one.
Christopher Bass, Esq.
The Bass Firm, PLLC
Dallas Co., Texas
214-596-8314
christopherbass01@gmail.com

Home of the $300 Texas Gun Trust!
nobodyspecial
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Posted: 4/24/2012 5:39:45 PM
Perfect! That explains so much! I really appreciate your input!
Anything worth fighting for is worth fighting dirty for.