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Posted: 9/1/2014 10:29:21 PM EDT
[#1]
Quoted:
I am a Texas resident and just got a NFA trust done for me from a website on sale. The main trust says 2 witnesses and notary.. does Texas on Revocable Trusts require 2 witnesses? Also I notice on the trust on the 'Assignment of Property for Trust' and 'Beneficiary' sheet another spot for witnesses (though no notary thank goodness). I dont think I want 'witnesses' know my NFA lists.. The trust says I can modify the trust.. so does anyone else from Tx have these 'witness' spots all over thier trusts or is like the trust writer said they do it to CYA all 50 states and avoid issues?? I would think the 'Assignment of Property For Trust' would need just me as well as the Beneficary page since I am the only settlor and trustee at this time. I don't see any wording in the core trust on the otherwise.. Help appreciated.. I'd like to do an SBR but want everything to be smooth.. Why not ask the place you bought that trust? 
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Posted: 9/1/2014 10:34:23 PM EDT
[#2]
Quote HistoryQuoted:
Why not ask the place you bought that trust?
Quote HistoryQuoted:
Quoted:
I am a Texas resident and just got a NFA trust done for me from a website on sale. The main trust says 2 witnesses and notary.. does Texas on Revocable Trusts require 2 witnesses? Also I notice on the trust on the 'Assignment of Property for Trust' and 'Beneficiary' sheet another spot for witnesses (though no notary thank goodness). I dont think I want 'witnesses' know my NFA lists.. The trust says I can modify the trust.. so does anyone else from Tx have these 'witness' spots all over thier trusts or is like the trust writer said they do it to CYA all 50 states and avoid issues?? I would think the 'Assignment of Property For Trust' would need just me as well as the Beneficary page since I am the only settlor and trustee at this time. I don't see any wording in the core trust on the otherwise.. Help appreciated.. I'd like to do an SBR but want everything to be smooth.. Why not ask the place you bought that trust?
This is why I think it's worth it to have an attorney do it. |
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Posted: 9/1/2014 10:46:58 PM EDT
[#3]
I had my trust drawn up by Chris Bass. It cost a little more than these 'online deals' but he was available to answer all my questions--before, during and after the completion of my trust. And no, there are not witness signatures anywhere. The only signatures required were mine and the notary's.
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Posted: 9/1/2014 11:52:46 PM EDT
[#4]
Quote HistoryQuoted:
I had my trust drawn up by Chris Bass. It cost a little more than these 'online deals' but he was available to answer all my questions--before, during and after the completion of my trust. And no, there are not witness signatures anywhere. The only signatures required were mine and the notary's. This. |
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Posted: 9/2/2014 8:35:39 AM EDT
[#5]
I contacted the 'producer' and was sent an unlocked version that I can amend.. removed the witness parts.
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Posted: 9/2/2014 1:22:45 PM EDT
[#6]
Update.. Mr. Bass said he can't offer any advice as its not his trust.. Which I understand.
Does anyone have an answer if Texas requires 2 Witnesses on 'Trusts'.. so far most are telling me no.. Here is the original.. 
I modified it to look like this now.. with just Notary spot and free and voluntary act lingo added in for good measure.. 
Everything else on this trust looks fine or better than most ones I've seen floating around. |
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Posted: 9/2/2014 4:19:04 PM EDT
[#7]
I'm not a lawyer; however, my trust does not have any witness blocks. Just a grantor block and notary block. I've seen many Texas trusts and most do not have witness blocks.
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Posted: 9/2/2014 4:23:29 PM EDT
[#8]
Texas Property Code 112.001, there is no mention of even having it notarized, let alone witnesses. So for sure, you do not need witnesses. Good idea to get it notarized though still.
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Posted: 9/2/2014 7:13:39 PM EDT
[#9]
It was only me and the notary when I did mine.
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Posted: 9/2/2014 7:53:31 PM EDT
[#10]
Mine only has myself and the notary.
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Posted: 9/2/2014 8:53:53 PM EDT
[#11]
Quote HistoryQuoted:
Mine only has myself and the notary. Same. Albeit, I just sent mine in (thanks to several members here allowing me to check my work). |
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Posted: 9/2/2014 9:28:48 PM EDT
[#12]
I almost purchased the $69 trust deal then started reading around and decided I will probably have Chris Bass draw one up for me. A bit more but it seems like there will be much better customer service, and not just a straight up cookie cutter send to everyone trust like $199trust.com. I think they even say on their website they are not lawyers soooooo.
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Posted: 9/2/2014 10:51:37 PM EDT
[#13]
Well gee Wilikers bat man. You have two of the best NFA trust lawyers here but you went the cheap route
Why not hire Chris or myself to give you the legal advice that your website does not provide. This is why I always say , . . . You pays your money and lives with your choices. Seriously though . . . . Why not ask the website for some legal advice? This is why you have Chris or I prepare your trust. Simple answer is no. Witnesses not required in Texas. Now call me and I'll get you a trust prepared and actually stand behind it . . . Or call Chris |
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Posted: 9/2/2014 11:14:44 PM EDT
[#14]
Quoted:
I am a Texas resident and just got a NFA trust .... Wait a minute...........you're a sole proprietor 01FFL. Why did you buy a trust for NFA when you could have paid $500 for your SOT. An FFL/SOT doesn't need a trust. You keep it in your books on a Form 3 (tax free). Edited to add: Paying SOT for one year, acquiring NFA firearms tax free, and not renewing the SOT in future years................could be construed as tax evasion if you make no effort to conduct business as an SOT. |
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Posted: 9/3/2014 6:40:42 AM EDT
[#15]
@Dog.. 2 fold on vacation (RP running shop) and as told in prior other conversation business is slow..
SC just got you IM. Thank you. I currently cant afford the higher fee (though service/advice that comes with it would be great) and be able to pay for the SBR stamp. Thinking of doing an SBR on my M92 pistol hence this trust thing. Cant afford the SOT stamp and town is tooo small for any serious purchase of Tier II stuff. |
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Posted: 9/5/2014 11:57:55 PM EDT
[#16]
Mine has two witnesses. I went through Jim Willi of myguntrust.com. Every question I've had along the way whether by phone or email he's responded pretty fast.
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Posted: 9/8/2014 11:55:28 PM EDT
[#17]
Sean, your post made me smile.
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Posted: 9/9/2014 8:44:45 AM EDT
[#18]
Quote HistoryQuoted:
Sean, your post made me smile. Where have you been? |
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Posted: 9/9/2014 9:38:02 AM EDT
[#19]
Quote HistoryQuoted:
@Dog.. 2 fold on vacation (RP running shop) and as told in prior other conversation business is slow.. SC just got you IM. Thank you. I currently cant afford the higher fee (though service/advice that comes with it would be great) and be able to pay for the SBR stamp. Thinking of doing an SBR on my M92 pistol hence this trust thing. Cant afford the SOT stamp and town is tooo small for any serious purchase of Tier II stuff. I don't know what Sean or Chris charges, but a friend of mine was quoted $300-$500 from other NFA lawyers. I seen to recall a thread where someone was doing a special for $150 gun trusts. I went the cheap route and made one from Quicken Willmaker. I haven't had any problems with my trust. Setting it up was somewhat confusing. I did quite a bit of reading before hand from various places. Years later I filed an LLC. An LLC is a one time $300 fee, unless you use it for business, then you would have to pay a franchise tax fee. Since I'm not using it for business currently, I just file a "no franchise tax" form every year. |
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Posted: 9/9/2014 12:31:07 PM EDT
[#20]
Quote HistoryQuoted:.
Years later I filed an LLC. An LLC is a one time $300 fee, unless you use it for business, then you would have to pay a franchise tax fee. Since I'm not using it for business currently, I just file a "no franchise tax" form every year. I paid the same amount for a lawyer to write my trust. I have his support if I need it, and I have no paperwork to file to maintain it. More than one way to skin a cat! Choices are good. It is interesting to see how sometimes making a decision based mainly on price can be a troublesome one for some folks. |
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Posted: 9/9/2014 12:37:12 PM EDT
[#21]
Quote HistoryQuoted:
I paid the same amount for a lawyer to write my trust. I have his support if I need it, and I have no paperwork to file to maintain it. More than one way to skin a cat! Choices are good. It is interesting to see how sometimes making a decision based mainly on price can be a troublesome one for some folks. Quote HistoryQuoted:
Quoted:.
Years later I filed an LLC. An LLC is a one time $300 fee, unless you use it for business, then you would have to pay a franchise tax fee. Since I'm not using it for business currently, I just file a "no franchise tax" form every year. I paid the same amount for a lawyer to write my trust. I have his support if I need it, and I have no paperwork to file to maintain it. More than one way to skin a cat! Choices are good. It is interesting to see how sometimes making a decision based mainly on price can be a troublesome one for some folks. I filed an LLC with the intent to do business later. Sure you have to hassle with filling out a form that takes 5 minutes to do. But I only have to do it once a year 
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