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Posted: 1/23/2018 10:48:10 AM EDT
Ok, so th wife and I are setting up are Will and I'm researching what paperwork and or instructions I need to include for my suppressors.  I have suppressors on a Trust and Individual now as well ( I hope that isn't a big mistake).  So I'm trying to clarify what I need to have happen should I pass away.  Thanks in advance.
Link Posted: 1/23/2018 10:52:59 AM EDT
[#1]
Someone else chime in on the form number please. Yes it should be specifically outlined on who receives those items.
Link Posted: 1/23/2018 11:33:45 AM EDT
[#2]
Link Posted: 1/23/2018 11:38:14 AM EDT
[#3]
^Form 5. Thx
Link Posted: 1/23/2018 11:38:25 AM EDT
[#4]
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Quoted:
Depending on how the trust is set up, the items may automatically transfer upon your death.

For the individual forms, you'll want to have a Form 5 filled out for each one. Even if the Form changes down the road, most of the info will be there.
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Thank you for the info.  Where do I get the Form 5's from, ATF?
Link Posted: 1/23/2018 11:47:57 AM EDT
[#5]
<a href="https://www.atf.gov/firearms/docs/form/form-5-application-tax-exempt-transfer-and-registration-firearm-atf-form-53205/download">BATFE Form-5
</a>
Here is the url.....

https://www.atf.gov/firearms/docs/form/form-5-application-tax-exempt-transfer-and-registration-firearm-atf-form-53205/download

I would suggest leaving instructions for control of the Trust (and addition to it, if any) into the Will.

Also, If it were me, I would do the form 5 to transfer all individual items to the trust, that way a number of people will be able to deal with them once transfer is complete, ymmv.
Link Posted: 1/23/2018 12:09:59 PM EDT
[#6]
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Quoted:
Also, If it were me, I would do the form 5 to transfer all individual items to the trust, that way a number of people will be able to deal with them once transfer is complete, ymmv.
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You cannot F5 items to your trust in this manner - it would require another F4 and another $200 stamp per item.
Link Posted: 1/23/2018 12:26:08 PM EDT
[#7]
The NFA items will all be going to the same individual should something happen to me so it sounds like the NFA trust items should be straight forward with change of possession.  And I would then need form 5 for the remaining NFA item's purchased as Individual if I am understanding this correctly.
Link Posted: 1/23/2018 12:57:03 PM EDT
[#8]
Quoted:
....  I have suppressors on a Trust and Individual .....
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NFA firearms in a trust will remain in the trust and the trust determines what happens. In short, if your trust has other members (responsible person) then the NFA firearms remain with the trust and those members can continue to lawfully possess those firearms.

NFA firearms that are registered to you individually would require a Form 5 (tax free) upon your death to your beneficiary. You should have a will that details which beneficiary is to get those firearms.

Moving NFA toys registered to you as an individual to a trust would require a $200 tax stamp for each firearm.
Link Posted: 1/23/2018 12:58:05 PM EDT
[#9]
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Quoted:
The NFA items will all be going to the same individual should something happen to me so it sounds like the NFA trust items should be straight forward with change of possession.  And I would then need form 5 for the remaining NFA item's purchased as Individual if I am understanding this correctly.
View Quote
Have a Form 5 already filled out and stored with your will. Makes things easier.
Link Posted: 1/23/2018 2:10:58 PM EDT
[#10]
Link Posted: 1/23/2018 2:13:39 PM EDT
[#11]
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Quoted:

Why can you not list the trust in the Will as the heir for those select items?

I've never dug into it, just assumed if it was named as the legal heir (as opposed to it simply defaulting to spouse/child/etc) that it wouldn't be an issue.
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My trust is written so as to accept any firearms I might leave it in my will. Not certain what would be involved in the actual transfer from my estate to the Trust, though.
Link Posted: 1/23/2018 4:16:42 PM EDT
[#12]
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Quoted:
My trust is written so as to accept any firearms I might leave it in my will. Not certain what would be involved in the actual transfer from my estate to the Trust, though.
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Yes, upon your death you can will the personal items to the trust tax free on F5... provided your trust is written to survive your own death as grantor.
Link Posted: 1/25/2018 12:52:39 PM EDT
[#13]
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Quoted:

Have a Form 5 already filled out and stored with your will. Makes things easier.
View Quote
I have those, plus a detailed description of the process, and the phone numbers of a couple of local SOT's I know in case they need guidance.

Oh, and make sure you bequeath them specifically in the will.
Link Posted: 2/6/2018 3:06:56 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Yes, upon your death you can will the personal items to the trust tax free on F5... provided your trust is written to survive your own death as grantor.
View Quote
Thanks for the info there Circuits. I think the transfer would be more complicated in my case with 2 sons and 3 grandsons in the trust. Trust lawyer said a passport photo and fingerprint cards would be required for each person in the trust to add new items. . I do have items on a individual f-4 to me that I could will to sons/grandsons and the rest would go to them on the trust. I would suggest everyone check with their trust lawyer to get specific requirements to add trust items in  their state. (VA)    
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