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Posted: 10/14/2014 7:26:22 PM EDT
[#1]
If one already has a revocable living trust can we just use it?
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Posted: 10/14/2014 7:29:27 PM EDT
[#2]
Quote HistoryOriginally Posted By bassackwards:
If one already has a revocable living trust can we just use it? Yes. There's nothing special about a "gun trust". Most simply just add some verbiage which the National Firearms Act already covers. |
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Posted: 10/14/2014 8:06:10 PM EDT
[#3]
Quote HistoryOriginally Posted By bassackwards: If one already has a revocable living trust can we just use it? |
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Posted: 10/14/2014 8:08:50 PM EDT
[#4]
Quote HistoryOriginally Posted By woodzusa: Another dumb question. If I am the settlor and and trustee and have my wife as the successor trustee and beneficiary, then that is GTG? Yes Or do I need a co-trustee? No And I am right in assuming that I do not have to list any non NFA items on the amendment going in to the ATF? I would just list say the stripped lower I plan on using for an SBR? The trust just needs to be funded in most cases. Mine does not list specific items on the submission I send to the NFA... |
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FL, USA
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Posted: 10/30/2014 7:32:08 PM EDT
[#5]
I have a few dumb questions:
What happens if all potential trustee's live out of the state where the trust is established? Is the simple answer that they just have it notarized in their state and forward it on to the next trustee? If the beneficiary is an infant (not mine), are the parents required to sign some sort of acknowledgement? Would I need a different trust for any financials I wanted to leave her as well? |
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Posted: 10/30/2014 7:48:38 PM EDT
[#6]
Quote HistoryOriginally Posted By legion07: I have a few dumb questions: What happens if all potential trustee's live out of the state where the trust is established? Is the simple answer that they just have it notarized in their state and forward it on to the next trustee? If the beneficiary is an infant (not mine), are the parents required to sign some sort of acknowledgement? Would I need a different trust for any financials I wanted to leave her as well? |
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FL, USA
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Posted: 10/30/2014 9:02:17 PM EDT
[#7]
Quote HistoryOriginally Posted By AlabamaPaul:
When I had my trust created, I knew their would be out of state trustees, so I executed it with just my wife and myself as trustees and then added the out of state trustees a week or so later. My beneficiaries may or may not have been born yet (natural born children of my daughter) and she is the successor trustee. If you're planning to add financial assets, you should consult an estate attorney as well as a financial advisor... Quote HistoryOriginally Posted By AlabamaPaul:
Originally Posted By legion07:
I have a few dumb questions: What happens if all potential trustee's live out of the state where the trust is established? Is the simple answer that they just have it notarized in their state and forward it on to the next trustee? If the beneficiary is an infant (not mine), are the parents required to sign some sort of acknowledgement? Would I need a different trust for any financials I wanted to leave her as well? Thank you! |
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Posted: 12/4/2014 3:17:23 PM EDT
[#8]
Is there no right to privacy with a trust? Bought one of the gearhog 199 trusts and the dealer really don't like trusts since you have no right to privacy like if you do it in your name. I didn't know that
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Posted: 1/20/2015 6:30:45 PM EDT
[#9]
I am in the process of creating my trust now. I currently own 2 stripped lowers that I would like to SBR. Should I list these lowers on the trust right away, or wait until later?
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SC, USA
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Posted: 1/27/2015 2:36:38 PM EDT
[#10]
Can the address of the trust be changed? Does it need to if I Move to another state?
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OH, USA
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Posted: 2/5/2015 2:32:02 PM EDT
[#11]
Quote HistoryOriginally Posted By IHTFP08:
Can the address of the trust be changed? Does it need to if I Move to another state? I came here looking for the answer to this exact question. I'm in the process of moving, does my trust move with me? What about the engravings that have the old city, state? What if I just submitted a Form 1 and have another to submit, but the move just happened, does the city, state on one lower differ from the city, state on the other? |
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Posted: 2/5/2015 7:12:31 PM EDT
[#12]
Quote HistoryOriginally Posted By jafish: I came here looking for the answer to this exact question. I'm in the process of moving, does my trust move with me? What about the engravings that have the old city, state? What if I just submitted a Form 1 and have another to submit, but the move just happened, does the city, state on one lower differ from the city, state on the other? Quote HistoryOriginally Posted By jafish: Originally Posted By IHTFP08: Can the address of the trust be changed? Does it need to if I Move to another state? I came here looking for the answer to this exact question. I'm in the process of moving, does my trust move with me? What about the engravings that have the old city, state? What if I just submitted a Form 1 and have another to submit, but the move just happened, does the city, state on one lower differ from the city, state on the other? |
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OH, USA
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Posted: 2/5/2015 9:07:50 PM EDT
[#13]
Quote HistoryOriginally Posted By AlabamaPaul:
There is usually not a problem with the trust when moving as it is set up to be administered under the laws of the state under which it was created. There is also no issue with the engraving on existing items as they're supposed to reflect where the item was actually made which is independent of the trust... Quote HistoryOriginally Posted By AlabamaPaul:
Originally Posted By jafish:
Originally Posted By IHTFP08:
Can the address of the trust be changed? Does it need to if I Move to another state? I came here looking for the answer to this exact question. I'm in the process of moving, does my trust move with me? What about the engravings that have the old city, state? What if I just submitted a Form 1 and have another to submit, but the move just happened, does the city, state on one lower differ from the city, state on the other? Thanks. |
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TX, USA
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Posted: 2/11/2015 2:29:42 PM EDT
[#14]
Great thread! I have a trust with a can on it already. I want to make an
sbr. How do I add it to my existing trust? Do I just add it to the property list? Do I do this before or after I submit my form 1? Thanks |
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TX, USA
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Posted: 3/5/2015 8:12:32 PM EDT
[Last Edit: acman145acp]
[#15]
Is their any issue with more than one trustee setting up and account and efiling ?
I've searched and read and searched some more and didn't see this covered sorry if i missed it. |
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Posted: 3/5/2015 8:18:46 PM EDT
[#16]
Quote HistoryOriginally Posted By acman145acp:
Is their any issue with more than one trustee setting up and account and efiling ? I've searched and read and searched some more and didn't see this covered sorry if i missed it. Shouldn't be any issue. |
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TX, USA
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Posted: 3/5/2015 8:43:34 PM EDT
[#17]
Quote HistoryOriginally Posted By BigWaylon:
Shouldn't be any issue. Quote HistoryOriginally Posted By BigWaylon:
Originally Posted By acman145acp:
Is their any issue with more than one trustee setting up and account and efiling ? I've searched and read and searched some more and didn't see this covered sorry if i missed it. Shouldn't be any issue. Thanks |
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MS, USA
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Posted: 12/18/2015 8:51:34 PM EDT
[#18]
clicking the link and getting all the info but not seeing the form itself
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CA, USA
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Posted: 5/11/2016 8:37:19 PM EDT
[#19]
I recently set up a trust and have 4 items in jail. The process is much less intimidating than I though it was. So on to my question. I have 2 friends (brothers) moving to TX from CA in August. (I did this 2 years ago) Can they create a trust now and order silencers?
Here are a few more details. They are coming out to visit next month and can notarize a trust here in TX. They can also bring their small safe and leave it at my home. I would be willing to be a trustee. I could have access or no access to it. Not that they will receive anything by Aug. With this scenario is there any way they could start form 3 / form 4 100% legally before they move here? |
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Posted: 5/11/2016 9:29:58 PM EDT
[#20]
Quote HistoryOriginally Posted By Lc17smp:
I recently set up a trust and have 4 items in jail. The process is much less intimidating than I though it was. So on to my question. I have 2 friends (brothers) moving to TX from CA in August. (I did this 2 years ago) Can they create a trust now and order silencers? Here are a few more details. They are coming out to visit next month and can notarize a trust here in TX. They can also bring their small safe and leave it at my home. I would be willing to be a trustee. I could have access or no access to it. Not that they will receive anything by Aug. With this scenario is there any way they could start form 3 / form 4 100% legally before they move here? They should be able to buy direct in TX from somebody like Capitol Armory. They won't need a TX ID until the 4473 is filled out. |
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KY, USA
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Posted: 7/13/2016 10:56:00 AM EDT
[#21]
I have a revocable trust that I established in MD. I moved to KY permanently and filed the papers with BATFE. What must I do to purchase NFA firearms in KY? Can I just use the same trust? I think it might be just an addendum to the trust stating that it now operates in KY.
Thanks |
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Posted: 7/13/2016 11:04:20 AM EDT
[#22]
Quote HistoryOriginally Posted By daunted:
I have a revocable trust that I established in MD. I moved to KY permanently and filed the papers with BATFE. What must I do to purchase NFA firearms in KY? Can I just use the same trust? I think it might be just an addendum to the trust stating that it now operates in KY. Thanks Probably nothing. You simply put your current address on the F1/F4. You might want to have a lawyer in KY to make sure there isn't some KY-specific wording that needs to be added. Most states simply use common language, so it's rarely an issue. |
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Posted: 9/30/2016 11:45:54 PM EDT
[#23]
while traveling to the range or shooting at the range with my silencer, does a PDF of my trust and F4 saved on my phone suffice, or do I need a physical copy of them both with me? In Colorado
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Posted: 1/18/2017 6:54:14 PM EDT
[#24]
If I already have a suppressor that I got through the "normal" method, can I create a trust, add it to the trust, and have friends as part of the trust so they can use it?
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Posted: 1/19/2017 11:30:21 AM EDT
[Last Edit: AlabamaPaul]
[#25]
Quote HistoryOriginally Posted By pathfinder74:
If I already have a suppressor that I got through the "normal" method, can I create a trust, add it to the trust, and have friends as part of the trust so they can use it? |
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AZ, USA
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Posted: 1/22/2017 11:40:17 AM EDT
[#26]
I got the impression that a trust allowed for quick easy changes? Is that not the case?
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USA
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Posted: 1/22/2017 12:10:22 PM EDT
[#27]
Quote HistoryOriginally Posted By elkoholic:
I got the impression that a trust allowed for quick easy changes? Is that not the case? Once the item is property of the trust it easy to make amendments. But the trust has to own it first, which requires a transfer from one entity (here, it sounds like an individual) to the trust, which would require a $200 tax and approved Form 4. Despite the cost, the advantage to doing so would be the individual owner, provided they are the/a trustee to the trust, continually posesses the NFA item. |
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Posted: 3/7/2017 3:30:40 AM EDT
[#28]
Has anyone heard anything about this and whether it's legit?
The ‘Single Shot Trust’ Takes Aim At Post 41F NFA Buying |
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Posted: 3/7/2017 8:39:09 AM EDT
[#29]
Quote HistoryOriginally Posted By pathfinder74:
Has anyone heard anything about this and whether it's legit? The ‘Single Shot Trust’ Takes Aim At Post 41F NFA Buying If you can handle reading through it, here is a four page thread on ARF that includes a lot of back and forth with the SS rep. The "is it legit/legal" discussion is most of what takes place. |
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Posted: 8/24/2017 8:38:25 AM EDT
[Last Edit: ENGCPT]
[#30]
So what is to stop me from adding someone else to the trust and then removing myself and walking away with a couple hundred bucks?
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Posted: 11/18/2017 5:06:31 PM EDT
[#31]
Does a trust have to have co-trustees initially?
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Posted: 11/18/2017 6:46:29 PM EDT
[Last Edit: BigWaylon]
[#32]
Quote HistoryOriginally Posted By Coyotehawk:
Does a trust have to have co-trustees initially? |
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Posted: 11/18/2017 8:25:46 PM EDT
[#33]
Quote HistoryOriginally Posted By BigWaylon:
No. (Unless yours is specifically worded to require it) |
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Posted: 11/18/2017 8:30:37 PM EDT
[#34]
Quote HistoryOriginally Posted By Coyotehawk:
So if I want to have my name only on the trust initially for simplicity reasons, then once I have the NFA items in my possession, I can submit the proper forms to atf and add my wife to my trust as a co-trustee? The only time they're involved is if you file again and she's still a trustee. |
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Posted: 11/18/2017 9:10:35 PM EDT
[#35]
Quote HistoryOriginally Posted By BigWaylon:
There's nothing to submit to the ATF if you add her after the fact. The only time they're involved is if you file again and she's still a trustee. |
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Posted: 11/18/2017 9:56:01 PM EDT
[#36]
Quote HistoryOriginally Posted By Coyotehawk:
So even though she'll have access to the NFA items, the only time a co-trustee will require a background check is if they are already identified as a co-trustee upon initial form 1 / 4 submission? Am I understanding that correctly? |
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Posted: 11/18/2017 10:01:04 PM EDT
[#37]
Awesome. Thanks for the info BigWaylon.
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Posted: 11/18/2017 10:06:17 PM EDT
[#38]
Quote HistoryOriginally Posted By Coyotehawk:
Awesome. Thanks for the info BigWaylon. Q: Will new responsible persons, added after the making or transfer, be subject to the same requirements? A: Once an application has been approved, no documentation is required to be submitted to ATF when a new responsible person is added to a trust or legal entity. However, should a responsible person change after the application has been submitted, but before it is approved, the applicant or transferee must contact the NFA Branch for guidance. |
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Posted: 11/30/2018 11:34:18 PM EDT
[#39]
I’ve got a trust I had made 8 years ago in PDF format. I want to remove trustees because of 41F.
Anyone modified the trust themselves successfully? Any tips? Under the trustees portion, do I just put “None” |
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Posted: 4/18/2019 9:06:32 AM EDT
[Last Edit: SC4eyes]
[#40]
dupe
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Posted: 4/18/2019 10:40:34 AM EDT
[Last Edit: SC4eyes]
[#41]
Quote HistoryOriginally Posted By AlabamaPaul:
Quote HistoryOriginally Posted By AlabamaPaul:
Originally Posted By woodzusa:
Another dumb question. If I am the settlor and and trustee and have my wife as the successor trustee and beneficiary, then that is GTG? Yes Or do I need a co-trustee? No And I am right in assuming that I do not have to list any non NFA items on the amendment going in to the ATF? I would just list say the stripped lower I plan on using for an SBR? The trust just needs to be funded in most cases. Mine does not list specific items on the submission I send to the NFA... And after the trust is approved, e-file for a suppressor. 
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NC, USA
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Posted: 8/9/2019 8:27:03 PM EDT
[#42]
I didn't read the many pages of posts so my apologies if this has been asked and answered.
Can I add my wife as a trustee after there are NFA weapons on here? Would I need to submit photos and finger prints for ever gun? |
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Posted: 8/9/2019 8:50:25 PM EDT
[#43]
Quote HistoryOriginally Posted By bruh44:
I didn't read the many pages of posts so my apologies if this has been asked and answered. Can I add my wife as a trustee after there are NFA weapons on here? Would I need to submit photos and finger prints for ever gun? No proactive sending of any paperwork at any other time when trustee changes are made. |
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NC, USA
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Posted: 8/10/2019 7:17:52 PM EDT
[#44]
Quote HistoryOriginally Posted By BigWaylon:
If she’s a trustee when you submit...yes, photos and fingerprints are required. If she’s not, they aren’t. No proactive sending of any paperwork at any other time when trustee changes are made. |
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Posted: 9/26/2019 1:42:04 AM EDT
[Last Edit: Girthrockwel]
[#45]
I have an NFA trust that I used to purchase a can with pre 41F. How big of a deal is it to remove two other people from the trust for ease of filing for other items? If I decided to just get another trust put together for future purchases, is there an online solution that's safe and cheap or is it better to go through a local attorney?
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Posted: 9/28/2019 7:20:42 AM EDT
[#46]
Quote HistoryOriginally Posted By BigWaylon:
Yep. Only matters at the time of submission. It's a grey area about adding them while awaiting approval, but none of their concern after approval. |
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Posted: 9/28/2019 9:11:51 AM EDT
[Last Edit: BigWaylon]
[#47]
Quote HistoryOriginally Posted By AirRaceFan:
Doesn't that circumvent the whole point of 41f? |
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Posted: 9/28/2019 1:35:51 PM EDT
[#48]
Quote HistoryOriginally Posted By BigWaylon:
It’s playing by the rules we were given with 41F. It’s also why 41F isn’t as big of a pain (not saying I like it) as some would have you believe. Thanks. |
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NC, USA
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Posted: 1/3/2020 4:54:00 PM EDT
[#49]
If Person A creates a trust in one state can they add another trustee living in a different state?
Are trusts only to exist in the state it was created in? If person A dies can items in the trust go to the second trustee living in the other state? (the items are legal in both states). |
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Posted: 1/3/2020 6:21:07 PM EDT
[#50]
Quote HistoryOriginally Posted By hk9403006:
If Person A creates a trust in one state can they add another trustee living in a different state? Are trusts only to exist in the state it was created in? If person A dies can items in the trust go to the second trustee living in the other state? (the items are legal in both states). No Yes It will be dependent on the trust being valid in both states. Most use common language (brain fat on the term right now, unified code of something)...but some state said may have specific requirements as to what wording can (or cannot) be included. |
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