Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 2/11/2013 5:37:20 PM EDT
Ok guys, as my going away present I give to the AZ HTF; a NFA Trust for Arizona

https://docs.google.com/file/d/0B_yGl-vYf2DCdkFGQmVGaEhiNzA/edit?usp=sharing

Everything is Color coded and easy to fill in.

You need to determine the following;
Trust Name (In RED on the Document)
Your LEGAL Name (Green)
Your Successors Legal Name (Blue)
A third Parties Legal Name (Light Green)

The third party is for cases of were you(the grantor) is unable to speak for your self.

Print, fill it out, and have it notarized.

This is the trust that we used at EVC-3 for 100's of transfers.


EDIT: I'm not a lawyer, I don't even play one on TV. Use at your own risk. And if you sue me I have nothing of value anyways.
Link Posted: 2/11/2013 6:46:28 PM EDT
[#1]
Most excellent, thank you Tim!
Link Posted: 2/11/2013 7:18:30 PM EDT
[#2]
Awesome, thank you sir!
Link Posted: 2/11/2013 7:25:43 PM EDT
[#3]
Just to cover your ass Tim, you might want to put a disclaimer on that...

"Tim is not a lawyer, certified legal document preparer, paralegal, gypsy, or necrophiliac.  He may have stayed at a Holiday Inn Express last night.  Use this document at your own risk."
Link Posted: 2/11/2013 8:47:56 PM EDT
[#4]
Downloaded....thank you sir
Link Posted: 2/11/2013 9:28:51 PM EDT
[#5]
Quoted:
Just to cover your ass Tim, you might want to put a disclaimer on that...

"Tim is not a lawyer, certified legal document preparer, paralegal, gypsy, or necrophiliac.  He may have stayed at a Holiday Inn Express last night.  Use this document at your own risk."


Done.
Link Posted: 2/11/2013 9:38:02 PM EDT
[#6]
Good work brother! I use the one I made years ago, but seriously this is a great tool and is very generous of you for the members who have never had a trust.
Link Posted: 2/11/2013 9:50:12 PM EDT
[#7]
How many Trustees can you add to a Trust? I might need to redo mine, as I want to add a few people to it....
Link Posted: 2/11/2013 10:23:42 PM EDT
[#8]
This is setup as a single person trust. For more people I tell folks to get quicken or a lawyer. Shit gets complicated quick.
Link Posted: 2/11/2013 10:25:15 PM EDT
[#9]
Thank you!
Link Posted: 2/12/2013 12:36:14 AM EDT
[#10]
I would strongly advise having an attorney spend 20 minutes fixing the problems with this template.  There aren't a lot of them, but they're important.
Link Posted: 2/12/2013 12:42:52 AM EDT
[#11]
Quoted:
I would strongly advise having an attorney spend 20 minutes fixing the problems with this template.  There aren't a lot of them, but they're important.


Well shit man, help us out. Although this has worked for the ATF several hundred times, if there are legalese issues let folks know.
Link Posted: 2/12/2013 12:52:51 AM EDT
[#12]
1.  This is not legal advice, I am not your attorney, and do not rely on what are merely my introductory thoughts.  SEEK THE ADVICE OF A LICENSED ATTORNEY WHO IS WELL-VERSED IN TRUSTS AND ESTATES.
2.  I am not a trust expert, so there is a substantial possibility that I am wrong.

That said, I see at least two issues after a cursory glance.

1.  It appears to be set up so that, upon death of the grantor/trustee, the "successor" becomes both the trustee and beneficiary.  If this happens, legal and equitable interests merge and the trust dies.  So the beneficiary would be left with illegal possession of an NFA item.
2.  For a trust to be valid, the trust property must exist at the time of creation.  This appears to contemplate the creation of a trust to be funded with property later acquired, which I understand to be a no-no.

Again, do not, under any circumstances, rely on anything I've said other than "SEEK THE ADVICE OF A LICENSED ATTORNEY WHO IS WELL-VERSED IN TRUSTS AND ESTATES."

Godspeed, gentlemen.
Link Posted: 2/12/2013 7:47:02 AM EDT
[#13]
2. For a trust to be valid, the trust property must exist at the time of creation. This appears to contemplate the creation of a trust to be funded with property later acquired, which I understand to be a no-no.
when I formed mine, I assigned " one US Dollar, serial number xxxxxxxx" to and have always kept that dollar in it, then add or subtract other things as needed....
Link Posted: 2/12/2013 9:09:06 AM EDT
[#14]
Nice form, now where is the langauge about dealing with a beneficiary who becomes a prohibited possessor, or other gun related issues?

The problem with the trust is we do not know what the BATF wants in the trust.  So, my fear is one day Eric Holder wakes up and says he wants a trust actually addresses gun ownership issues.  But I doubt the feds would ever really do anything like that.
Link Posted: 2/12/2013 1:45:39 PM EDT
[#15]
Thank You Tim.
Link Posted: 2/15/2013 10:34:16 AM EDT
[#16]
Quoted:

1.  It appears to be set up so that, upon death of the grantor/trustee, the "successor" becomes both the trustee and beneficiary.  If this happens, legal and equitable interests merge and the trust dies.  So the beneficiary would be left with illegal possession of an NFA item.


Godspeed, gentlemen.


No different than a lot of NFA items.  That's what a Form 5 is for.

Link Posted: 3/15/2013 10:10:22 PM EDT
[#17]
thank you
Link Posted: 4/2/2013 5:46:16 PM EDT
[#18]
Thank you, but what's with this "going away"?

I haven't been by EVCIII in awhile, but appreciated all the help and great customer service.  Sorry to see you go anywhere.
Link Posted: 4/8/2013 11:31:28 PM EDT
[#19]
So what specifically would need to be amended for this blank to "look" correct to you? Any way we can get the download corrected or updated to "look" correct?

Thanks,
Matt

ETA: Would it be asking too much to have the blank updated with a sample of what the names are supposed to look like? are the names supposed to be in CAPS like the colors are? What about the colors, are they supposed to remain colored after entering the appropriate names?

sorry for all the ?'s, I just really want to get on this boat
Link Posted: 4/9/2013 3:27:10 AM EDT
[#20]
Found this, does it look correct you you guys?

ETA, Trust Stuff (Declaration and Certification)

Sorry for all the large pics before.


Thanks guys,
Matt

Link Posted: 4/14/2013 1:40:15 AM EDT
[#21]



Quoted:


Found this, does it look correct you you guys?



http://i87.photobucket.com/albums/k145/mkruger_2006/page0001_zpse2a1dc81.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0002_zpse47367cc.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0003_zps3cdf77a7.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0004_zps39920fc9.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0005_zps099fec20.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0006_zpsfa1dd391.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0007_zps7656cc42.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0008_zps09e25b8c.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0009_zpsb29b1211.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0010_zps700c1afc.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0011_zps27af9f6e.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0012_zps6d74366a.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0013_zps82c38ba5.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0014_zps8faa4d4f.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0015_zps9ca3262d.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0016_zps9cb5c9d8.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0017_zps07f622a1.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0018_zps4adbc67f.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0019_zpsd0e5e47c.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0020_zpsbe1be5d3.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0021_zps61fb6bc0.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/page0022_zps81692b5c.jpg





Also found a "Certification of Trust"  which looks like this:



http://i87.photobucket.com/albums/k145/mkruger_2006/certpage0001_zpsc7081fbf.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/certpage0002_zpsd18ba514.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/certpage0003_zps89a11762.jpg

http://i87.photobucket.com/albums/k145/mkruger_2006/certpage0004_zpsd421a54a.jpg





Thanks guys,

Matt





Word document, perhaps?





 
Link Posted: 4/14/2013 12:48:02 PM EDT
[#22]
I do not know how to U/L a word document. If somebody would like to tell me how to do it, i would be more than happy to do that.

Thanks,
Matt

ETA, Hope this will suffice as a word doc. just download, unzip and then open in Word.

Trust Stuff
Link Posted: 6/3/2013 6:15:41 PM EDT
[#23]
How many people have used this in the past and worked with the ATF ?
Link Posted: 8/22/2013 1:43:19 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
1.  This is not legal advice, I am not your attorney, and do not rely on what are merely my introductory thoughts.  SEEK THE ADVICE OF A LICENSED ATTORNEY WHO IS WELL-VERSED IN TRUSTS AND ESTATES.
2.  I am not a trust expert, so there is a substantial possibility that I am wrong.

That said, I see at least two issues after a cursory glance.

1.  It appears to be set up so that, upon death of the grantor/trustee, the "successor" becomes both the trustee and beneficiary.  If this happens, legal and equitable interests merge and the trust dies.  So the beneficiary would be left with illegal possession of an NFA item.
2.  For a trust to be valid, the trust property must exist at the time of creation.  This appears to contemplate the creation of a trust to be funded with property later acquired, which I understand to be a no-no.

Again, do not, under any circumstances, rely on anything I've said other than "SEEK THE ADVICE OF A LICENSED ATTORNEY WHO IS WELL-VERSED IN TRUSTS AND ESTATES."

Godspeed, gentlemen.
View Quote


I am always amazed that people pay thousands or tens of thousands of dollars to purchase their Class III firearms and devices, items that if owned incorrectly can have very serious criminal consequences, but do not want to work with experienced lawyers to get it done properly. Rather, they seek legal advice on the internet.
Link Posted: 8/26/2013 10:46:35 AM EDT
[#25]
Tim is your website down at the moment or something happened ?
Link Posted: 8/26/2013 12:07:18 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Tim is your website down at the moment or something happened ?
View Quote


Ah crap. Ya, need to find another way to host this.
Link Posted: 9/7/2013 7:07:34 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Ah crap. Ya, need to find another way to host this.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Tim is your website down at the moment or something happened ?


Ah crap. Ya, need to find another way to host this.



Any update?  I finally got off my lazy ass and want to get a can going.
Link Posted: 9/8/2013 12:09:44 AM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Ah crap. Ya, need to find another way to host this.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Tim is your website down at the moment or something happened ?


Ah crap. Ya, need to find another way to host this.


Google docs is free and seems to work well for hosting docs -

Thanks for GIVING this valuable resource to the community
Link Posted: 9/12/2013 1:33:33 PM EDT
[#29]
Does any one have a copy of this document they wan to share?
Link Posted: 9/12/2013 1:46:14 PM EDT
[#30]
Try this link guys; sorry been very busy lately.

https://docs.google.com/file/d/0B_yGl-vYf2DCdkFGQmVGaEhiNzA/edit?usp=sharing
Link Posted: 11/3/2013 1:50:51 AM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
when I formed mine, I assigned " one US Dollar, serial number xxxxxxxx" to and have always kept that dollar in it, then add or subtract other things as needed....
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
2. For a trust to be valid, the trust property must exist at the time of creation. This appears to contemplate the creation of a trust to be funded with property later acquired, which I understand to be a no-no.
when I formed mine, I assigned " one US Dollar, serial number xxxxxxxx" to and have always kept that dollar in it, then add or subtract other things as needed....


Or simply add one of your Title 1 firearms onto the trust...which is can be removed at a later date once you have items added.
Link Posted: 6/30/2014 4:02:28 PM EDT
[#32]
Looking into getting a can and found this law firm that is doing gun trusts in only a handful of states, Arizona being one of them, for $125.

Having an actual law firm behind it makes me feel better than using quicken. I did a bit of looking around and they seem legit.

http://thefirearmlawyers.com/
Link Posted: 1/30/2015 1:06:49 PM EDT
[#33]
Ok so here is a dumb question. When it is filled out and notorized, where does the paperwork go then? Just submit it with whatever form you are sending to ATF or does it need to be filed with the state somewhere?
Link Posted: 1/30/2015 11:34:10 PM EDT
[#34]
You don't have to file a trust with the state, at least in Arizona. I believe it is just submitted with your form 4 to the ATF and they verify it is a legal trust in AZ and you are good to go.
Link Posted: 3/28/2015 1:55:47 AM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Or simply add one of your Title 1 firearms onto the trust...which is can be removed at a later date once you have items added.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
2. For a trust to be valid, the trust property must exist at the time of creation. This appears to contemplate the creation of a trust to be funded with property later acquired, which I understand to be a no-no.
when I formed mine, I assigned " one US Dollar, serial number xxxxxxxx" to and have always kept that dollar in it, then add or subtract other things as needed....


Or simply add one of your Title 1 firearms onto the trust...which is can be removed at a later date once you have items added.


How do you "add" an item to your trust?  I don't see anything in the trust paperwork linked in this thread that states what the trust encompasses.
Link Posted: 3/28/2015 1:36:23 PM EDT
[#36]
The only thing you can change without getting it notarized is the schedule of assets /exhibit A or whatever it is called. You just write something new on it and it is updated. I believe.
Link Posted: 4/16/2015 4:47:59 PM EDT
[#37]
I am submitting two form 4's today and my personal checks have my old address and my wife's name on them, so I called the ATF to find out if that made a difference. They said they don't care how the payment is received. She said "we just want your money".
Link Posted: 9/16/2015 6:59:01 PM EDT
[#38]
This form just worked for me. I just picked up two new suppressors. 4 and half month wait right now for a form 4.
Link Posted: 10/27/2015 1:20:16 PM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Looking into getting a can and found this law firm that is doing gun trusts in only a handful of states, Arizona being one of them, for $125.

Having an actual law firm behind it makes me feel better than using quicken. I did a bit of looking around and they seem legit.

http://thefirearmlawyers.com/
View Quote



$99 currently for AZ.  Thank you all, and damn you for costing me more money.  

I have three trustees, so I didn't want to use the form.  I blasted off my application today.  

The acting Sheriff of Pima Co. is fishy on the NFA stuff and I don't want to take a chance of him dragging his feet on this.  Not dealing with fingerprint cards and photos will be very nice too.

I can see that I probably need another couple SBRs, a new .22 can, and a 9mm can to add to the collection.  Possibly a titanium .223 or 7.62 can too.    The good thing is this time I will be able to share.

Do you usually keep a copy of your trust with your tax stamp copy while at the range?
Link Posted: 11/11/2015 3:15:13 PM EDT
[#40]
I carry a copy with me. My FFL makes a shrunk down laminated copy of the stamp form when I pick it up and I just throw it in my range bag.
Link Posted: 1/8/2016 9:53:26 PM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



$99 currently for AZ.  Thank you all, and damn you for costing me more money.  

I have three trustees, so I didn't want to use the form.  I blasted off my application today.  

The acting Sheriff of Pima Co. is fishy on the NFA stuff and I don't want to take a chance of him dragging his feet on this.  Not dealing with fingerprint cards and photos will be very nice too.

I can see that I probably need another couple SBRs, a new .22 can, and a 9mm can to add to the collection.  Possibly a titanium .223 or 7.62 can too.    The good thing is this time I will be able to share.

Do you usually keep a copy of your trust with your tax stamp copy while at the range?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Looking into getting a can and found this law firm that is doing gun trusts in only a handful of states, Arizona being one of them, for $125.

Having an actual law firm behind it makes me feel better than using quicken. I did a bit of looking around and they seem legit.

http://thefirearmlawyers.com/



$99 currently for AZ.  Thank you all, and damn you for costing me more money.  

I have three trustees, so I didn't want to use the form.  I blasted off my application today.  

The acting Sheriff of Pima Co. is fishy on the NFA stuff and I don't want to take a chance of him dragging his feet on this.  Not dealing with fingerprint cards and photos will be very nice too.

I can see that I probably need another couple SBRs, a new .22 can, and a 9mm can to add to the collection.  Possibly a titanium .223 or 7.62 can too.    The good thing is this time I will be able to share.

Do you usually keep a copy of your trust with your tax stamp copy while at the range?



Just did mine. Guess we shall see Monday when it comes... SBR here we come!

Jon
Link Posted: 5/19/2017 12:00:28 AM EDT
[#42]
Is this still the best way to go?
Link Posted: 6/16/2017 10:45:01 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Is this still the best way to go?
View Quote
Since trustees now need to be fingerprinted , etc, an individual application is just as easy.
Link Posted: 7/7/2017 11:05:57 AM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Since trustees now need to be fingerprinted , etc, an individual application is just as easy.
View Quote
no doing it because of the finger print cards.  making it easier on the wife in case anything should ever happen to me.
Link Posted: 5/12/2018 9:12:50 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

no doing it because of the finger print cards.  making it easier on the wife in case anything should ever happen to me.
View Quote
IIRC, unless it changed "god forbid" something should happen to you the BATF allows the nfa items to pass to your spouse at no cost / tax , as long as the BG check can be cleared that is ... might be worth checking into.
Link Posted: 1/30/2019 9:33:02 PM EDT
[#46]
Thanks
Link Posted: 6/5/2019 3:31:02 PM EDT
[#47]
Link Posted: 6/8/2019 12:56:05 AM EDT
[#48]
Thank you Tim.  This time I'll do it.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top