Ok, so here's my question/situation. Let me know if I have this wrong...


I moved from GA to here (AZ) and I about to fill out my nfa trust.


Now, here's the question:     I'm doing my trust for Arizona, but my dad is located in GA. If something happens to me, I want him to take over my nfa crap.

So in order to make that happen, I JUST have to add him as a "Beneficiary" correct? Or would he be the "Sole Beneficiary"?

I'm not putting any trustees or anybody else on it. I just want his name on the trust to inherit my things. It's my understanding that he doesn't have to be present when I get it notorized, correct?

Is that all I need to include for the trust to be valid (as far as beneficiary goes)?

And also, anyone (legally) can shoot my nfa item AS LONG as I'm around right?

ETA: I hope that makes sense...

A trust is a document that holds assets of the trustor (grantor/settlor), in trust for the beneficiaries named, all to be managed by the named trustees. If you list your dad as a beneficiary, he is exactly that. The beneficiary of the assets listed (usually spelled out how it will be managed or divided up.) Usually one has named a successor trustee to manage the accounts and assets and then administer to the beneficiary before the trust is dissolved. If you don't have any living co-trustees with yourself or any successor trustees then the trust will usually be handled by the executor of the estate, which could mean probate. Any way you put it, the trust eventually dissolves and that means the assets, such as NFA items, will need to be transferred to your father's name, else it would be illegal possession as the trust is no more. That being said, I would think you'd have plenty of time to transfer it to a new trust. The only issue is the beneficiary cannot manage the assets and therefore cannot fill out the Form 4 in order to transfer it to his own trust. Which is why a successor trustee is vitally important as they have the legal signature to sign the Form 4, naming your father's trust or just his individual self as the new owner. Pay tax and wait 12+ months later and he can take legal possession of it.

Or you could simply amend your trust and make him a trustee. A revocable trust is supposed to become irrevocable upon death of all original trustees. I'm not sure perpetuities are allowed but I wrote mine in such a way that it is supposed to. Probably wouldn't hold up under legal standing but I'm more concerned what the NFA desk jockey thinks (and doesn't know,) not a fight over the few assets within in probate court.

Sole beneficiary simply means one or only. You can have as many as you want.

You are the grantor of the trust, only your signature is needed. Beneficiaries typically are unawares of trusts so, no, he doesn't need to be present.

Don't know how to answer that question. There are many parts of a trust needed to be valid.

Sure, anyone can use them. Possession means ownership. Doesn't mean physical, momentary possession. However, for storage and ownership, only the trustees can as each one of them can manage the assets of the trust.


i am not a lawyer in any shape, way ,or form.

I would make him a trustee, but they have to be present at the time of the notorize

So, what could I do in that situation. Can't fly him here just to be present, so I was thinking of the next best thing

ETA: I was reading that Arizona requires at least one beneficiary.. I don't know who to fill that spot? I'm here with my girlfriend, and I don't want to fool with putting her in charge of my shit..

Notarize your page of the trust. Mail trust to him. Have him notarize his page. He then sends trust back. Done.

Where does it say both must be present at same time? All a notary is doing is verifying the identity of the person signing the document, not the legality of the document itself.

Ok, as far as AZ goes,


Can I make myself the Settlor, Trustee and current Beneficiary of the Gun Trust,

and

Make my dad the Successor Trustee and the Future beneficiary?

And call it a day on the whole trustee/beneficiary issue?

Then as the above poster said, just mail it to him to sign and n[s]otorize -- Nevermind. AZ law states the trustee can't be both.





However, Does the trustee have to physically sign the trust here in AZ? I know some states don't require it

You don't have to both be present to notarize. The notary public is the witness of the signature and affixes their seal.

You notarize your portion. Mail it off to him, he notarizes his, mails it back to you. He'll date his signature when he goes to sign it.

Make each other beneficiary so one dies first, the other is beneficiary. Couples do this all the time. No one said you cannot be both trustee and beneficiary though it's usually a conflict of interest with mutliple beneficiaries. I'm not sure if there's AZ specific law that says you can't do it. It would invalidate some trusts I suppose if that's the case

Well, here's what I found.



http://www.keytlaw.com/arizonawills/do-it-yourself-gun-trust-mistakes/



With that being said, I confused on how It should be formatted for to notaries. Just have an additional page typed just stating him being the Trustee?

Well, if you drew up the trust you are the Settlor aka Grantor aka Trustor. Just depends on which title you wish to use. Generally the Grantor also serves as a trustee. I don't know about you being a beneficiary but I think your dad can both be a co-trustee and beneficiary.

In normal trusts, the idea is when the grantor and trustees die you start executing disbursements according to their wishes. I don't know so I can't answer that. I've seen it done before but that doesn't mean it holds water.

I just named a brother or good buddy as beneficiary as I don't care since I'm dead and any trustees at that point can change it or are dead. I have no need of it nor will I care.

I don't see why they need to sign it physically in the state. That just sound silly as people live all over. How is one to prove that anyways? I can notarize his signature in GA with my AZ notary stamp.

Speaking of, if you need a notary, I still got two months left

A person cannot be SOLE trustee and SOLE beneficiary for good reason. If you died, where do the assets go? They're held in trust for the beneficiary but you were the beneficiary. Which is why that's the case.

With you and your dad both as trustees and beneficiaries, when one dies, the other can take over. I would recommend at that point, as serving SOLE living trustee that the person amends the trust to add a new beneficiary as you'll run into the same issue at that time.

If there's room on the last page, add signatures there. If not, make new page. I would number all your pages and have the trust name and date on the header of every page, regardless, so it is all identified with it.

There's forms out there on the net, google trust notary template

Should say something about on this day ___ I, jim bob, execute this trust yada yada then have your name, title, and signature line with date line below. Below that I always add the notary lines for county, state, date and place to put stamp (not necessary just looks nice to me.) Put another set of name, title, sig line and date line for your pops and put another notary portion for his notary public in GA to fill out and stamp.

Awesome.

I have a proven template, I just wasn't sure how to formally put in his signature.


Thanks for your help! It's alllll coming together piece by piece now

No.

Good. Makes things just that much smoother.

Thank you!

Do we have to have witnesses sign here in AZ?

Two witnesses are usually used to affirm a signature in the absence of a notary public. The other instance I've seen for witnesses is to also attest to the mental capabilities of a person (like a Power of Attorney.)

In other words, with a notary public, you'll be fine.

IF you're talking about the "Assignment to Trust" page, again, no. HOWEVER: The witnesses have to be present when the Trust representative signs the Assignment sheet (the 'Trust representative' I'm refering to is the actual person who signed the Form 4). No notary public is required for these signatures.

So.... all 3 persons (the Trust representative and the 2 witnesses) have to be together (well, they're supposed to be together ) when the Assignment sheet is signed. The witnesses do not need to be fellow Trustees....friends will do (I usually use co-workers, but just 2 hours ago I had my LGS owner and his wife sign my Assignment sheet for a Uzi suppressor I purchased from them).


Bear

Ok gotcha. Thanks again!