Gun Trust Questions - Lawyer needed or recommended?

[Toprudder]

I'm starting to thing about my gun collection and how I want it handled when I die. Should I get a gun trust, or just handle with a regular will?

I am also thinking about getting my first suppressor and I believe I need to go the trust route for that.

Knowing all of this, what do you guys suggest?

 

[Jerzsubbie]

You don’t need a trust for NFA items anymore. That was a solution to sheriffs refusing to sign off but now sheriffs just get an FYI, no need for their approval. Trusts are usually slower and require additional paperwork in the NFA world.

 

[BigWaylon]

I’d still vote for a trust over individual. Built in flexibility you won’t have if filing as an individual. Once the trust is set up, it’s basically the same paperwork as an individual…it’s just split across two forms.

 

[BigWaylon]

…and for the record, nothing special about a “gun trust”. It’s just a trust that happens to hold guns. No need to pay extra for one like I did once. You can remove at least 1/3 of the words and nothing would change. Mine quotes statutes over and over again, and those statutes exist whether the trust mentions them or not.

 

[Windini]

I'm curious about this as well. for non-NFA property.

 

[Windini]

…and for the record, nothing special about a “gun trust”. It’s just a trust that happens to hold guns. No need to pay extra for one like I did once. You can remove at least 1/3 of the words and nothing would change. Mine quotes statutes over and over again, and those statutes exist whether the trust mentions them or not.

What are your thoughts on the necessity and/or value of a lawyer?

 

[BigWaylon]

I used one for my first overpriced trust. I currently use a $49 trust from thetrustshop.net for additional stamps. The first one has ~3 dozen stamps…and the second has another dozen or so thus far.

My situation is fairly straightforward. A spouse and one son. The big trust also has my wife and a friend as trustees. The newer trust just has myself.

You could even do one, and then do a search & replace with the name to create separate trusts for each h item if you so chose.

Another option is to do them as an individual, but name a trust as the beneficiary in a Will. But you have none of the flexibility trusts offer while you’re alive.

 

[Flashpoint]

Why would guns be treated any differently than your other property? When my dad died my brother and I split up his guns just like evrything else.

I am curious about handguns though. To buy a handgun you need a CCP or a pistol permit. Are you legal without one if you inherit them?

 

[Toprudder]

Why would guns be treated any differently than your other property? When my dad died my brother and I split up his guns just like evrything else.

I am curious about handguns though. To buy a handgun you need a CCP or a pistol permit. Are you legal without one if you inherit them?

Your last sentence is the one reason I could think of to have a trust. To legally transfer pistols to someone, the person that inherits them would have to have a CHP or get a pistol purchase permit for each gun. If the person is already named in the trust, no problem (as I understand it).

One question I have, though, does the trust work if one of the trustees is in another state?

 

[BigWaylon]

One question I have, though, does the trust work if one of the trustees is in another state?

As long as the trust meets the legal requirements of each state, I’d say yes. Some use universal trust code (or whatever the term is) and some have specific requirements.

People use multi-state trusts for NFA items all the time.

 

[Toprudder]

I used one for my first overpriced trust. I currently use a $49 trust from thetrustshop.net for additional stamps. The first one has ~3 dozen stamps…and the second has another dozen or so thus far.

I take it that you would recommend thetrustshop.net?

 

[Bigdave0924]

I don’t know about putting non nfa items in a trust idk what you’re trying to accomplish with that. If you buy a your suppressors using SilencerShop for an extra $25 they set it up in a trust for you. If you go the SS route you would add your trustees and beneficiary after you have the approval.

 

[BigWaylon]

I take it that you would recommend thetrustshop.net?

I’ve been pleased so far with what I’ve needed from them. Easy to get documents online after it’s set up as well.

 

[Ferrisfan]

I am curious about handguns though. To buy a handgun you need a CCP or a pistol permit. Are you legal without one if you inherit them?

This is what happened to me. When my dad died, I took possession of the handguns as the "executer of the estate", but could not take them as an inheritance until I got PPPs for them. On the off chance I had any issues, I kept everything associated with the estate in its own safe. At the time, Durham county had a limit of 2 per application, but the Clerk of Courts gave me paperwork to give the sheriff that let me get the 4 I needed in order to close the estate.

I don't know what other mess would have been involved if he had lived out of state.