Suppressors LAWYER DRAWN NFA Trust particulars

[DP425]

So I found a lawyer here in Michigan who is doing my trust for $350. I just want to see if this sounds right to those of you who have trusts done by lawyers- My lawyer has told me that the Beneficiaries will be permitted full possession of the NFA items in the trust without my presence. Also he said it's permissible for the sucessor and alternate trustee's to also be beneficiaries.

Does this sound like the way you guy's trusts are written? I'm 100% new to this stuff so it's sort of confusing. My research on the net is saying somewhat the opposite of what my lawyer is. But then again, most of that info I've found deals with Do-It-Yourself trusts on will-maker... So I'm not sure how applicable it is to my situation.

I'd really like to hear some of you guys with Lawyer drawn trusts weigh in on this.

 

[RTL]

Re: LAWYER DRAWN NFA Trust particulars

I spent about the same on mine. The advice about beneficiaries is what I was told as well. I've got 3 on it now and one more pending - no issues at all. Mine told me to consider that if the beneficiaries had full rights to trust property it also meant they could sell lit without my permission but that wasn't a concern for me.

 

[chalwie]

Re: LAWYER DRAWN NFA Trust particulars

You can add or delete members in a trust, that is the big benefit. It can be passed down as well. $600 was the norm, $350 is a good price if your attorney is competent. Competition and attorney's hunger level will drive prices down.

 

[trophyhunter]

Re: LAWYER DRAWN NFA Trust particulars

as far as my research with the ATF goes is that you are the owner of the trust until you die or become unable to control it. All NFA items can NOT be taken by beneficiaries or trustees until you are dead or uncapcitated.

ATF says anyone with legal ability can use your NFA items granted you are with them. If ATF stops them and that tax stamp says your name and your trust it won't make a difference what your lawyer said.

 

[DP425]

Re: LAWYER DRAWN NFA Trust particulars

Well, this guy specializes in gun law- given others have spoken ip and said it sounds like what their lawyer told them, I'm inclined to believe it to be the case. A lawyer is not going to give you information counter to the law- that would make him culpable.

 

[RollingThunder51]

Re: LAWYER DRAWN NFA Trust particulars

"Never hire a lawyer you don't trust, never trust a lawyer you don't hire"

This is not double talk...

The answer to your question is absolutely a known and deeply settled part of Trust law. Now you have a choice, who are you going to trust? The lawyer you hired? Another lawyer you didn't? Anybody on this thread?

If any of us said "If the person(s) (or their Guardian(s)), other than the settlor of your Trust, met the legal requirements as set forth by the State and the NFA to, themselves, purchase, possess and utilize items simular in all regards to those assigned under the schedule A of that very same Trust, then they would be legally empowered to ........" Would you believe us?

Make a choice, if its your lawyer, simply ask him/her to help you be settled on this question.

 

[vinsonr]

Re: LAWYER DRAWN NFA Trust particulars

RollingThunder51's advice is good. But if you are just after more anecdotal evidence to make you feel warm and fuzzy, I'm a trustee on a trust and I have no qualms about being in possession of several suppressors and SBR's that are owned by the trust. This isn't to say that someone won't make a stink of it, but those incidents would likely be created by some other issue, not be the mere possession and lawful, proper use of the items.

A trustee has the rights given to him by the trust. If it says they have the ability to manage, buy, and sell property for the trust, then they can possess NFA items owned by the trust as long as they meet any other federal or local laws regarding such possession.

Regarding beneficiaries, successor trustees, etc, that's dependent on state laws generally.

 

[Graham]

Re: LAWYER DRAWN NFA Trust particulars

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DP425</div><div class="ubbcode-body">A lawyer is not going to give you information counter to he law- that would make him culpable. </div></div>No it wouldn't. You are still responsible if you take bad advice.

 

[bachelorjack]

Re: LAWYER DRAWN NFA Trust particulars

I think he's wrong.

And I'm basing that 100% on the fact that I used to sleep with this girl who was in law school. Didn't even read what you had to say.

Feel better now?

 

[iflylow1959]

Re: LAWYER DRAWN NFA Trust particulars

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BachelorJack</div><div class="ubbcode-body">I think he's wrong.

And I'm basing that 100% on the fact that I used to sleep with this girl who was in law school. Didn't even read what you had to say.

Feel better now? </div></div>



Now THATS funny !!! BTW, The 300 blk brass is GREAT Bachelor Jack.Thanks !!

 

[Graham]

Re: LAWYER DRAWN NFA Trust particulars

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DP425</div><div class="ubbcode-body">I'd really like to hear some of you guys with Lawyer drawn trusts weigh in on this. </div></div>Graham's Rule #1 applies: Don't take legal advice from laypeople.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: trophyhunter</div><div class="ubbcode-body">ATF says anyone with legal ability can use your NFA items granted you are with them.</div></div>What the ATF said is that they aren't prosecuting this kind of thing because they don't see it as a violation of the NFA. But, if you hand your friend an NFA item, do you think he is in possession of it?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RTL</div><div class="ubbcode-body">I've got 3 on it now and one more pending - no issues at all.</div></div>I've seen many comments like "I've used my Trust many times and had no issues..." When you send-in the trust document to the ATF, and the Form 4 is issued, the ATF is in no way 'approving' the contents of your trust.

Therefore, if you use the latest version of backyard willmaker or pay Uncle Elmo fifty bucks for his buddy's forms, you are doing this at your own risk. Neither Uncle Elmo nor your lawyer will be responsible for any resulting violation of the NFA.

 

[AED146]

Re: LAWYER DRAWN NFA Trust particulars

get a second opinion i paid $200 dollars for the trust i think hes wrong

 

[kmwebb]

Re: LAWYER DRAWN NFA Trust particulars

This is very simple. Anything can be put into a trust. The fact that the transfer to beneficiaries falls under NFA guidelines is the only difference. The transfer has to be approved on a tax exempt transfer ATF Form 5 because the tax has already been paid. It isn't rocket science to draw up a trust.

 

[DP425]

Re: LAWYER DRAWN NFA Trust particulars

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Graham</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DP425</div><div class="ubbcode-body">A lawyer is not going to give you information counter to he law- that would make him culpable. </div></div>No it wouldn't. You are still responsible if you take bad advice.</div></div>

Yes it would- however, I also understand that as for criminal charges I would ultimately be responseable.

 

[trophyhunter]

Re: LAWYER DRAWN NFA Trust particulars

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DP425</div><div class="ubbcode-body">So I found a lawyer here in Michigan who is doing my trust for $350. I just want to see if this sounds right to those of you who have trusts done by lawyers- My lawyer has told me that the Beneficiaries will be permitted full possession of the NFA items in the trust without my presence. Also he said it's permissible for the sucessor and alternate trustee's to also be beneficiaries.</div></div>

when you say "presence" do you mean like you're dead ??

:not trying to be a jerk just seeing exactly what you're asking...

 

[DP425]

Re: LAWYER DRAWN NFA Trust particulars

No as in I'm alive...


<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: trophyhunter</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DP425</div><div class="ubbcode-body">So I found a lawyer here in Michigan who is doing my trust for $350. I just want to see if this sounds right to those of you who have trusts done by lawyers- My lawyer has told me that the Beneficiaries will be permitted full possession of the NFA items in the trust without my presence. Also he said it's permissible for the sucessor and alternate trustee's to also be beneficiaries.</div></div>

when you say "presence" do you mean like you're dead ??

:not trying to be a jerk just seeing exactly what you're asking... </div></div>

 

[Smith44699]

Re: LAWYER DRAWN NFA Trust particulars

I paid 600 for my trust. Well worth it for me to have that warm safe fuzzy feeling. My lawyer gave me the same advice as yours. I would pay a little more for a second opinion if I had any doubts.