Posted: 3/24/2007 9:38:54 AM EDT
| I just opened a NFA TRUST in boyh my wifes name and mine.It is named after us.The question I have is has anyone in Jax used a trust before for NFA purchases?I have other class 3 stuff that are on Form 1's and 4's in my name.The reason for the TRUST is that the CLEO in jax won't sign for a Silencer.Any info would be appreciated. |
I did the Trust thing for my suppressor in Jax... no problems... ~Troy |
Ya know we do have a Judge that will sign off on these things here in Jax... you do know this right? Get in touch with Hawkeye here on the site. He'll get you in contact with the good Judge.  As for the Trust... you would be better served to have it on 1 persons name and you don't need to register the trust in Florida. No one that I know of here has done so. There's no property or stocks involved... nothing to pay taxes on. David |
That is correct. Again... I just did mine and asked everyone I knew that did a trust and no one registered theirs with the state... only notarized. David |
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CONKLE73, you are missing a star. In FL, Willmaker says that registration is NOT mandatory. From my Willmaker 2007 version:
Also, everyone please realize that Quicken Willmaker is NOT a source for official legal info. |
Thank you for proving my point. This is the same thing the probate attorney explained to me as well.David ETA: |
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In North Dakota, where registration is "required," here is what happens when you do not register: www.legis.nd.gov/cencode/t301c32.pdf
Basically, in ND you either register your trust voluntarily and recognize the courts jurisdiction over it, or you don't register it and the court takes jurisdiction at probate. No biggie. |
| How can you say that I posted “misinformation” I stated the truth. It is required but not mandatory, it is required but there is no penalty from the state if you do not register it. When one is dealing with the BATF and one fails to file paperwork that is “required” but not “mandatory” that gives the BATF an inch. And when you give the BATF an inch they could get a wild hair up their A## and turn it into a mile. Why would you want to be 99.9% sure when 10 minutes and $10 could make you 100% sure? I sure don’t want to be that 0.01% if I can prevent it with little to no effort on my part. I am sure most estate lawyers don’t have a bunch of experience with the BATF, but the attorney that advised me to register it, just to be safe, is a criminal law attorney as well as a class III SOT, He has never had a problem either way, but it is always better to err on the side of caution. |
CONKLE73... I understand what you're saying; "Better be safe than sorry". But here' the deal... ATF could can less than less if your trust is registed or not. They don't see the registration and frankley it's not their jusidiction. Really the only reason to register a trust is if there's a dispute after you die & it has to go to probate. The State/Court would step in and take over proceedings instead of the disignated successor trustee. Also if you had things in the trust that you had to pay taxes on, it's on record with the stat at that point. Like I said, I do see where you're coming from ... but it's nobody's business accept BATF, SOT & me what firearms/Class III items I may have. David |
Ok, now I see your problem with registering the trust. You do not want to disclose to the local courthouse an inventory of your NFA weapons… Not to worry… You do not register the entire trust, only the “Certification of Trust” which does not include schedule “A” the courthouse recorder will not have access to what items that you have added to your trust only a copy of the “Certification of Trust” which lists the Grantor and trustee and what powers each have relating to the trust. |
First, "required" and "mandatory" are synonyms, unless I've missed something. Second, Willmaker says that trust registration in FL is not mandatory. Your first post declared that Willmaker says it is mandatory. That is misinformation. Your first post was incorrect---either by mistake or by intent. Whether or not you trust Willmaker is a whole other issue altogether, but let me say that, having actually examined trust law in states where registration is required, I have found that the legality of a trust does not hinge upon whether or not it is registered, regardless of whether or not the state requires registration. If you fail to register, the court that you were supposed to register with takes jurisdiction at probate. The trust is still legal and the property is still transferred to the beneficiaries. What do you think is going to happen if you don't register? That the state will declare it null and void? That's not what happens---if your trust's provisions abide by FL trust code and your trust is properly notarized, then it is a legal document. This whole argument is moot since (if Willmaker is a trustworthy source) Willmaker does NOT say that registration is mandatory in FL. In fact, it says just the opposite. |
Please do not misrepresent what I posted! Read what is written not what you want to see. I never stated that it is “mandatory” I stated that it is “required but not mandatory and there is no penalty if you don’t”. I don’t care one way or another. I was just passing on info given to me by a man that is both an attorney and an SOT. He told me Florida state law requires it to be registered but offers no penalty for not registering it and it would be a good idea even though he has never had a problem it is always better to err on the side of caution. Is he correct? I don’t know and I don’t care. So let it go!!!!!!!! Register it; don’t register it, whatever makes you feel good!!!!!!!!!!!! I registered mine, I am none the worse for it, it took 10min and $10, and I did not need to disclose to the state anything pertaining to my NFA weapons. |
I mean, can't we all just get along?
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Sorry for stirring up a hornets nest. I was just trying to pass on the advice that was passed on to me by a man “in the know” and I was jumped on like I was the one that introduced H.R. 1022. That’s ok we are all passionate about our toys. I just want us all to get along man
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