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Posted: 5/6/2018 6:30:30 PM EDT
I'm getting a will set up and just wondering how some of you have handled your NFA items when it comes to your estate or will. Mainly looking for ways to plan in the event I die unexpectedly.

I have several suppressors in a trust, plus a few machine guns, some pre may samples, owned by my company (single member LLC).  If I died tomorrow none of my immediate family would have any idea WTF to do with them or a true understanding of their value, and how to go about selling them. So I'd like to lay out some structured plans they could follow and remain within the law. And hopefully not get raped on the price when sold off.
Link Posted: 5/6/2018 7:09:20 PM EDT
[#1]
Firat, see an estate planning lawyer who knows NFA.

Next, your trust will not be part of your estatesubject to your will. You have already named beneficiaries of the trust.so everything the trust owns is subject to the terms stated in the document(s).

The ownership and assets of your company may pass through your estate if you haven't done something else via trust or automatic change of ownership in the corporate documents.

Did I mention you need to talk to a good estate planning attorney?

And, good on you for planning now and getting written instructions in place so that they know what to do.

ETA - You could also talk to one of the truly knowledgeable NFA trust lawyers.in your state, perhaps whomever did your trust. Not all who do NFA trusts are experts in estate planning for other assets, though.
Link Posted: 5/6/2018 8:09:38 PM EDT
[#2]
Quoted:
I'm getting a will set up and just wondering how some of you have handled your NFA items when it comes to your estate or will. Mainly looking for ways to plan in the event I die unexpectedly.

I have several suppressors in a trust, plus a few machine guns, some pre may samples, owned by my company (single member LLC).  If I died tomorrow none of my immediate family would have any idea WTF to do with them or a true understanding of their value, and how to go about selling them. So I'd like to lay out some structured plans they could follow and remain within the law. And hopefully not get raped on the price when sold off.
View Quote
All my NFA stuff will transfer to my wife tax-free. She wouldnt have any need to be in a hurry.

Since you have non-transferrables though you should set up something. Even if its just a living will or living trust, or change the trust/add some stuff to it?
Link Posted: 5/7/2018 5:46:35 AM EDT
[#3]
I am not a lawyer, and I've never played one on TV. However, it's my understanding that the items registered to the trust, and the company, remain "property of" those entities. You just need a clearly mapped path of succession within those legal entities. IE who becomes the owner of the company and the RP of the trust upon your passing.

Those items registered individually can benefit from a tax free Form4 transfer to your heir, designated by a living will.

EDIT: As previously mentioned, it's probably best to get an estate planner familiar with specifics within your local laws to ensure each of these entities get to whom you want them to go to, with the least hassle possible. Estates can get held up over the silliest things. Even if all of the federal stuff is satisfied, something minor with an unrelated part of the estate can lock up the whole thing.

P.S. Make sure someone (preferably an unrelated executor) has a copy of the will and other documents. You'd be surprised how fast a shredder and/or lighter can be put to use by a jaded relative.
Link Posted: 5/7/2018 9:45:00 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Those items registered individually can benefit from a tax free Form4 transfer to your heir, designated by a living will.
View Quote
Just to clarify...
Any registered NFA item will transfer to an heir tax-exempt on Form 5. It doesn't matter how it's registered.

If registered to a LLC, or other surviving legal entity, it wouldn't necessarily need to transfer anywhere. With most trusts (non-surviving) it will need to transfer.

A trust cannot hold a FFL, but a LLC can, and that LLC can be inherited in its entirety (with all assets), which would be important for dealer samples (both pre and post samples).

Another way to accomplish it would be if you know your heir will already be holding a separate FFL/SOT at the time of your death.

Failing those scenarios, your estate (executor) can continue possessing those restricted items until final disposition, which may include sales to any current SOT buyers. There is usually time to work out sales, but if the potential buyers find out you're on a clock, they may leverage that against you and low-ball you.
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