Online Gun Trust?

AndeyHall

Active member
I've been wanting to get a gun trust FOREVER but have never been able to come up with the spare change to drop on one. I recently heard about these websites that will create one for you for fairly cheap, but I'm kinda leery about it. Are they legit? How do you find out which ones are and aren't? The one I just came across and was looking at was nfafirearmstrust.com. They do trusts for $134 but I just don't understand how they can email you that official of a document? I mean if a notary public is all that makes it official then ok, but they are talking about visible and digital watermarks. Wouldn't that depend on the paper and printer the individual purchasing the trust has? Any info or experience anyone would like to share would be awesome cause I'd really like to be able to start buying some fun toys. Thanks.
 
There are many differences between a trust and a will... the biggest is to avoid probate. Here's a decent link to answer your questions Tazman. Andey, hopefully some of your questions might be answered too. I do not have experience with your website though.

Living Trust v. Will | Nolo.com
 
There are many differences between a trust and a will... the biggest is to avoid probate. Here's a decent link to answer your questions Tazman. Andey, hopefully some of your questions might be answered too. I do not have experience with your website though.

Living Trust v. Will | Nolo.com
Hey wolf, do you have any experience with trusts at all? I'm curious about a couple things. Do you have to have a beneficiary right off the bat? I'm only 24, so no kids or anything yet. I wouldn't have a clue to list as my beneficiary other than my fiancé, but she's gonna be one of the trustees. Also, I have a good buddy of mine who does all my custom paint jobs, so should I include him in the trust if I were to be having him paint my suppressors and what not? Cause I'll probably have to leave them with him if I did.
 
Hey wolf, do you have any experience with trusts at all? I'm curious about a couple things. Do you have to have a beneficiary right off the bat? I'm only 24, so no kids or anything yet. I wouldn't have a clue to list as my beneficiary other than my fiancé, but she's gonna be one of the trustees. Also, I have a good buddy of mine who does all my custom paint jobs, so should I include him in the trust if I were to be having him paint my suppressors and what not? Cause I'll probably have to leave them with him if I did.

I've been doing my research into them, because I'm getting to the point where my estate would make this a viable option. From what I have uncovered, yes, you would need to have a beneficiary right off the bat. For that is the reason one gets a trust to begin with, to make sure that a beneficiary receives goods/services/monies directly upon your death. You will also have to have a trustee (it can be you, but is good to have someone else legally be able to look over the trust in times of your death).

I've even heard of people creating a trust for the un-born children. I know their is a time limit for that, so you would need to look into it.

The question I would ask you (or you should ask yourself) is what of yours do you wish to be made available directly to whom? You should be able to answer the what and the to whom before setting up the trust.

Concerning your fiancee, I believe you guys can be co-trustees and co-beneficiaries to one another, but I would look into that first.

The other thing you can do is establish a LLC that is owned by you and then have that corporation be the trustee of your holdings and then select yourselves as the beneficiaries. Trust me, there are so many rather creative things that can be done with trusts and I'm just scratching at the surface. I have a friend of mine that has done this, so no one can take his house. The LLC owns the house through the trust. I know I don't have all the details for that, but he has it so ALL of his holdings are managed by the trust whose trustee is the corporation.

Definitely do your homework and when you are ready to do this correctly, I wouldn't do an online legal document, I'd get a lawyer and let them know what you want to do, so it is done correctly.

As far as the suppressors are concerned, being that they are a Class III weapon, I would assume the trust would have to hold on to them until the rightful beneficiary could legally take possession of them, but then you would have to have a trustee that could own them. This would be a very tricky thing to do... get a lawyer involved who understands Class III weapons. Since the Class III weapon is yours and the only way someone can take possession is to go through the ATF with $200 and a six-month background check, these things might have to be done prior to the trust being made. I do not know. You actually have me completely stumped on this one and very curious. The question I have now, is a trust a way to circumvent the Class III requirements? I have no experience in this, nor do I know what would happen to your Class III weapons upon your death. It would seem to me the Feds would be knocking at your door.

I hope I helped somewhat. If you find out about the Class III weapons, please share with us all.
 
Andey,

I got your answer to your Class III weapons. A gun trust can do a couple of things. First set up a LLC. Make this the trustee of your gun trust. When you purchase a Class III weapon, have the trust purchase it. This way you forego needing the Chief LEO to sign as well. Now the trust owns the weapon, but you own the LLC that is in control of the trust. Get it?

Now, if you wish to bequeath your Class III firearms to someone else, make sure they become the owner of the company that owns the trust. The weapons are never out of the hands of the actual owner, the the trust, whose trustee is the LLC. As long as the LLC remains owned, then the trust can remain in tact and you can continue to pass on your Class III weapons.

This is slick.

Wolf
 
Andey,

I got your answer to your Class III weapons. A gun trust can do a couple of things. First set up a LLC. Make this the trustee of your gun trust. When you purchase a Class III weapon, have the trust purchase it. This way you forego needing the Chief LEO to sign as well. Now the trust owns the weapon, but you own the LLC that is in control of the trust. Get it?

Now, if you wish to bequeath your Class III firearms to someone else, make sure they become the owner of the company that owns the trust. The weapons are never out of the hands of the actual owner, the the trust, whose trustee is the LLC. As long as the LLC remains owned, then the trust can remain in tact and you can continue to pass on your Class III weapons.

This is slick.

Wolf
Hey man thanks for all the info. I have been doing my research as well and actually wound up doing the online trust. The reason I did it was because I would up calling the people and they really were helpful in informing me on all the processes of what the trust entails. Being that they use paypal as their source of payment, I felt pretty safe in purchasing their trust since I could always get my money back if it wasn't what they said it was. I also contacted one of my professors who is a licensed SC attorney and he told me to email it to him so he could look it over. So I did and he said everything looked to be pretty well in order. He also said that most all trusts are going to work for most any state, since most states go by the Uniform Trust Code. I had also looked into going the LLC route but I was also advised by a different attorney who is a class III dealer not to go that route because a trust is a set up and forget about it kinda deal. With an LLC, if you ever forget to do your annual maintenance and the LLC dissolves, then there is no getting it back. Those weapons are then illegally owned and must be immediately turned over to the ATF, never to be returned. He said that it is an alternative to a trust that a lot of people go to to avoid the initial expense of setting up a trust, but in the long run it's more of a hassle.

The way the trust works is once the paperwork is drawn up, you and whoever the trustees are must sign the document in front of a notary, have it notarized and signed by 1 or 2 witnesses (i'm doing 2 to be on the safe side), and then there's nothing else to it. You won't even actually use the trust until you purchase a Title II weapon, in which case you will have to take your trust with you to the class III dealer for them to do whatever it is they do with it. Other than that, it is never used until you die. They also recommend you keep a copy of the trust anywhere the Title II weapon is in case you run into LE troubles, so that you can show them that they are in legal possession of the weapon. You must have the stamp at all times with the weapon, but they recommend the trust as well.

Hopefully this helps clarify any holes you had in your research. Oh, and the upside to the trust also is that it can easily be amended.
 
The main purpose of a gun trust is, as has been mentioned, to avoid having to get fingerprinted and having to obtain local LEO approval of NFA items. The ATF has put out for public comment outrageous modifications to regulations that would, among many other things, require fingerprinting/LEO approval for transfers to or between anyone named in a gun trust. Of course, that would completely eliminate efficacy of gun trusts. I don't remember when the comment period closes but think it's approaching rapidly.

DIY gun trusts are a very bad idea, imho, because there's just too much margin for error and too many draconian penalties for anything less than perfection.
The one I did wasn't a DIY, it was drawn up by attorneys, they're just attorneys in a different state than me.
 

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