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May 5th, 2024, 09:22 AM #1Junior Member
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NEPA,
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NFA and Trust Beneficiary Transfer After Death
So recently a very close friend passed away. He had a trust with a few suppressors on it. I was listed as the beneficiary of the trust. I am familiar with NFA items owning several myself both individually transferred and later on my own trust (was that was the easier way). I contacted our local class 3 dealer who handled all of the paperwork and was told they direct transfer to me with the trust and that nothing else was needed. The executor of the estate is wanting this in writing and I have looked over the ATF website and can't quite find it stated as such. I have also searched this forum and another and have not seen anything this specific. The closest I found was in the ATF NFA handbook 9.5.3. The executor is not playing hardball just trying to cover their end. Anybody ever seen this in writing? Thanks in advance for your help.
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May 5th, 2024, 09:41 AM #2
Re: NFA and Trust Beneficiary Transfer After Death
The trust is not an asset of the estate, so the Executor has no legal control over the trust or its assets, after he does his duty and marshals the assets and determines what belongs to the estate and what doesn't.
He should do what he would do if he found a car in the garage with a title in your name; "hey, come get your property".
It's common for assets to bypass probate, like most life insurance proceeds do, and houses owned by the entireties by married couples.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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May 5th, 2024, 09:46 AM #3Grand Member
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Re: NFA and Trust Beneficiary Transfer After Death
Best answer by GunLawyer. His trust should still exist and I believe you are now a settlor/owner/trustee of it.
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May 5th, 2024, 09:54 AM #4Junior Member
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NEPA,
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Re: NFA and Trust Beneficiary Transfer After Death
Thanks for the answers.
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