Armory Sponsor
Posted: 6/5/2009 8:42:28 AM EDT
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Question for you guys..... Can you add someone to a trust after you have already received your stamp from the BTAFE? Looking to give them rights/access to use the NFA items in the said trust without my presence? Do you need to resubmitt information to the BATFE?
Here is the situation......I have already sent off my paperwork for an SBR project I am working on. I named a friend in the trust as an alternate beneficiary & Incapacity committee member and was looking to change that so that he could be a grantor and trustee like me and could take the gun out and shoot it without me being there. Thanks in advance for your help!!! |
| Ok, this is really why people should not be playing attorney. Do you know what type of trust you created? If it is possible to change it, do you have any idea what naming him grantor would do? Are you and he aware of the obligations and duties placed on a trustee? |
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Ok, this is really why people should not be playing attorney. Do you know what type of trust you created? If it is possible to change it, do you have any idea what naming him grantor would do? Are you and he aware of the obligations and duties placed on a trustee? Playing an attorney? What....Do you have to have an attorney create the trust? I will answer your questions though... wish you would have answered mine. I do know what kind... it is a LRT. I do know what naming him a grantor or a trustee would do. (the responsibilities of everyone on my trust are written in black and white) He is basically a brother to me and I have known him all my life. I am not worried about him selling off anything or like that. Heck... I already listed him on the trust should anything happen to me.... just not as a trustee. We are aware of the obligations and duties placed on a trustee (again... spelled out in the trust) Now that I've answered your questions... why don't you answer mine... if you know. |
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Thanks EKUJustice. My only fear was that he did not sign the form 1. It only has my name on it. If he were to get stopped with it, and showed the LEO the paperwork (copy of approved Form1), it would not show it tied to him in any way. See where I'm going?
I sure don't want to get anyone in trouble and maybe it is just not worth it. My trust does say "The grantor may amend or revoke this trust at any time, without notifying any beneficiary." So it sounds like I could make the change. I'm sure this has been done before... I mean... what happens if you have a child and you want to add them to the trust at a later date... I'm sure you can... right? |
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Ok, this is really why people should not be playing attorney. Do you know what type of trust you created? If it is possible to change it, do you have any idea what naming him grantor would do? Are you and he aware of the obligations and duties placed on a trustee? Are you playing attorney?? |
| If any questions arose a copy of the trust would show him connected. Only one person on the trusts/corporation signs the form not everyone associated with it. The Trust name is best kept as short as possible without everyones name in the trust name. The john doe, jane doe, bill smith and John doe jr NFA trust is awfully big to have engraved on the gun which is required in full now. A copy of the trust could be carried with the form as well to link him to it. That is all that would technically link you to the gun as well since the trust owns it. Its better to have a lawyer review your trust especially if you do anything out of the norm of a VERY basic trust like 1 grantor, trustee, successor trustee and beneficiary |
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OP, since your friend is not part of the current trust, you would need to have it amended to include him as a trustee.
as long as your trust is written such that trustees have rights to the items listed in your schedule A, he should not have a problem. have him carry a copy of the approved form 1 with the amended trust that includes his name. |
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Are you playing attorney?? Nope, I have a degree so I don't have to play attorney. Cool, what year did you pass the bar and are you Board Certified in Estate Planning and Probate Law.?? What states are you licensed to practice law in? Well, considering he replied "I have a degree," it is probably in hotel management. ETA: I just read in another thread that he was in a bar prep class, so a few years from now he should be licensed 
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