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January 16th, 2018, 09:18 PM #1
To "trust" or not to "trust," that is the question...
I have a vz.61 Skorpion pistol that I plan on SBR'ing. It is just my wife and I, we have no children and we are in our late 30s, so handing the gun down to heirs is not an issue right now. What I am concerned about is, do I need a "trust" to cover my wife? She is concerned that if her name is not on the form 1 and I'm not home, she is in possession of an SBR without permission from Uncle Sam.
If I "kicked-the-bucket," and the gun isn't in a trust with her listed as a trustee, is she going to have issues getting it into her name and/or selling it?
Also, if something happened to my wife and I, my father would take possession of my firearms. Do I create a legal nightmare for him, if the gun isn't in a trust with him listed as a trustee?
Some legal guidance would certainly be appreciated, since this is my first toe-dip into the world of NFA...I want your vz.33
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January 16th, 2018, 09:48 PM #2
Re: To "trust" or not to "trust," that is the question...
I've never, ever heard of a case where the non-prohibited spouse of an NFA registrant was prosecuted for having access within the family home to the registered NFA firearm.
A prohibited spouse can be prosecuted and convicted, but she wouldn't be helped by an NFA gun trust anyway.
It's a scare tactic designed to sell NFA trusts.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 16th, 2018, 09:51 PM #3
Re: To "trust" or not to "trust," that is the question...
Your estate administrator or executor steps into your shoes, and has every right to possess the NFA stuff as though they were you, assuming they aren't prohibited persons. But that wouldn't be helped by a trust anyway.
Honestly, complicating most estates by adding a layer of entity ownership usually doesn't help anyone except the lawyers.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 17th, 2018, 05:31 PM #4Grand Member
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Re: To "trust" or not to "trust," that is the question...
I trust Phil. In the home is not a problem. Use would be another story. I had a trust drafted so family members could use NFA items without me having to be with them.
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January 17th, 2018, 06:08 PM #5
Re: To "trust" or not to "trust," that is the question...
Retired US Army
NRA Life Member, GOA, USCCA
"Artificial intelligence is no match for Natural Stupidity"
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January 17th, 2018, 07:21 PM #6
Re: To "trust" or not to "trust," that is the question...
"It seems that the Constitution is more or less guidelines than actual rules"
My feedback: http://forum.pafoa.org/showthread.php?t=305685
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January 17th, 2018, 07:24 PM #7Grand Member
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Re: To "trust" or not to "trust," that is the question...
Agreed. I have six on a trust but my last two stamps were done as individuals. The fingerprint requirement and photo make it a moot point for me.
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March 18th, 2018, 11:43 AM #8
Re: To "trust" or not to "trust," that is the question...
I like having a trust as my sons can have use of our NFA collection without me present.
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March 18th, 2018, 12:10 PM #9
Re: To "trust" or not to "trust," that is the question...
Life has a melody. Not great, not terrible.
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March 18th, 2018, 03:25 PM #10
Re: To "trust" or not to "trust," that is the question...
This is probably the ONLY reason to have a trust now.
I always get questions about "what happens if I die?" I explain the executors position (they can handle it just like the owner did (see GL001's post above)) and I explain how it it extremely easy to transfer the NFA item(s) to heirs or even to someone who is not a family member but was named in the will to be given the NFA item(s). I also have to explain what "possession" means and "control of the NFA item" means. Once that is explained, the little light bulb goes in their heads and they understand. Most of my customers are now filing the forms as individuals. Have also seen that those filed as individuals seem to be coming back quicker than the trust items.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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