tomt
Well-Known Member
My wife is the successor trustee and son is beneficiary. I want to make them trustees. I have the paper work for each of them. Is as simple as making them Trustees and modifying the trust? Does the ATF have to be notified?
Make the amendments and notorize documents.
A friend passed away in Nov 2023, and a rifle with a suppressor was willed to me. I was not in his trust, but I was identified in his will and last testament. All I did was include his suppressor paperwork, his will and last testament, and ATF Form 5 to apply for a transfer of ownership. There was no cost for the transfer. The key is working closely with the ATF rep, which might require additional information. It took approximately a month, including back-and-forth e-mail correspondences and other information that the ATF rep required.FYIW… I have a friend that had a son who had a SBR and suppressor in a trust.
His wife and/ or underaged son were successors… unsure how.
He died in an accident and suddenly nobody was legal to own it.
I removed the stock and replaced it with a tube to temporarily legalize it but the suppressor was still an issue.
It cost the family attorney fees and tax stamps again to fix the problem.
Yes it depends on how they are listed. Beneficiaries are not responsible persons, typically. Also if his wife isn't a full trustee, she would not be an RP either.Yes… I agree with Mike D Texas.
From my understanding of OP's post… they are already members of the trust.
It sounds like he's only switching them around.
All members ( successor or trustees) should be properly documented and fingerprinted.
Yep, see my other post.FYIW… I have a friend that had a son who had a SBR and suppressor in a trust.
His wife and/or underaged son were successor/beneficiary but undocumented or fingerprinted… unsure how.
He died in an accident and suddenly nobody was legal to own it.
I removed the stock and replaced it with a tube to temporarily legalize it but the suppressor was still an issue.
It cost the family attorney fees, tax stamps and wait times again to fix the problem.
This is why your trust should be drafted by a lawyer familiar with NFA laws and estate planning instead of a typical canned trust from people who sell suppressors. There are ways it can be set up to do things automatically upon the primary trustee's passing.I surely wouldn't have anyone undocumented on a trust if they would/could become a responsible owner thru beneficiary or successor in the future.
Defeats the purpose of having a trust.
I was advised against mixing NFA and non NFA items in my trust. I have a separate trust set up for non NFA items.I was told by an attorney that you can add non NFA related items to the trust as well… if you have it set up properly.
A lawyer set up mine many years ago.