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Creating a Trust

Thread in 'Law & Order' started by titan2k10, Mar 6, 2017.

  1. gh1950

    gh1950 The Hen that laid the Golden Legos

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    You are picking out specific things that are not germane to the discussion, or ignoring all the words of the regulation.

    Parsing out the sentence, a beneficiary of a trust with a testamentary clause (which I've seen hundreds of ) "has the capability" to "[possess], directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess,"

    I am assuming the good people at BATF had good reason to use the word "capability" instead of definitive word such as "ability" or "means". It's not really my problem, so I wish OP well when he lists his minor children as beneficiaries, unfortunately dies young, and someone tries to transfer the items to them using the testamentary clause of the trust.

    Carry on.
     
  2. ncrinc12

    ncrinc12 ODT Junkie! Supporter

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    Does all the trustees on the trust have to submit photos and fingerprints if you are adding any NFA items on there now since the change?
     
  3. titan2k10

    titan2k10 ODT Junkie!

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    I believe the answer to the question is yes. Assuming that there are multiple trustees on the trust if a new NFA item is being acquired by the trust then every trustee is required to provide fingerprints picture etc.

    What I need to know is whether when I add my children 15-20 years from now, assuming nothing changes, will they need to submit fingerprints and pictures when being added as actual trustees for items that are already owned by the trust.
     
  4. TresMonos

    TresMonos The Hen that laid the Golden Legos Supporter

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    No
     
  5. brainchill

    brainchill Tracker Supporter

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    You can be the only trustee/settlor and it absolutely doesn't defeat the purpose of the trust the way that some people say it does. When you create the trust you SHOULD be the only trustee on the trust because everyone that is a trustee/responsible person on the trust will have to go have fingerprints, headshots, etc every single time you buy something. After the trust is created you can add and remove special gun trustees as necessary with amendments AFTER you create the trust. The only thing you NEED to do is have someone to basically act as the beneficiary trustee that isn't a "responsible person" unless you die.

    These are the people that setup my trust and who I have process my paperwork for me so that I don't screw it up. NFA stuff is a huge part of what they do.

    http://kimfirm.com

    Remember, when you are talking about the NFA stuff and the ATF one screw up that invalidates your trust could very well mean the difference between going to prison, or not so regardless of who you have do it, don't do it through a website or will maker or some gun shop that is passing out gun trust templates .... use a real lawyer like Kim Firm, @Heavy-D or as I recall there is another lawyer named Nate Cochran kicking around this site somewhere.

     
  6. titan2k10

    titan2k10 ODT Junkie!

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    Yep great words! I went through Heavy D. Just need to get it notarized.
     
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