Trust and SBR Questions...

[Razorhunter]

Guys,
First off, do we have a "How To" thread within this forum, that shows everyone EXACTLY how to go about doing a Trust, in order to get an NFA Stamp? for a SBR or Suppressor purchase? I was hoping we had such a thread by now, for those of us who have no idea how to do the "Trust" method (or any other method for that matter).
Secondly, I know it was discussed briefly before, but did we ever find out the ruling on using multiple, varying length uppers on a registered SBR lower???
IOW, can I register my lower for the shortest bbl possible (not sure what that IS, .... perhaps 7"?), and then purchase as many uppers as I want, such as a 10.5", a 12", and a 14.5", and legally use them all and swap them out whenever I prefer, etc???
I just want to know whether or not I can register ONE SBR lower, and be able to purchase two different length uppers for it or not????
Thanks so much for the help guys.
I have never done this before, and I'm now ready to build a SBR, and I have NO idea how to do a trust.
I know ONE thing, and that is that I've heard people going out and buying a copy of "Willmaker?" or something like that? (is purchasing this programe totally necessary? - I've seen a MILLION computer discs for sale that are entitled "Willmaker" at the Office Supply Stores)...
Thanks for any help, or thanks for directing me towards the "How To" thread if we already have one here in this forum...
Thanks Guys!!!!

[Robb Jensen]

Each state is different and you'll have to know your state law to be 100% legal.

Here in VA you can form it yourself. I used Quicken WillMaker 2006 and created on my home computer, my wife and I are "Grantors and Trustees" and signed it in front of a notary public. Then when filling out my Form 1s and 4s I filled it out in the name of the trust and signed my name with "Grantor and Trustee" behind my signature.

It's worked for 2 of my SBRs, 4 suppressors and 1 AOW.

[f.2]

Here are some good NFA reference links (http://sigforum.com/eve/forums/a/tpc/f/380105858/m/298100759?r=398103759#398103759) that I posted on sigforum. I've used my trust for 4 items to date, all form 4s, and all went through like shit through a goose.

Basically, you need to find out what GA requires for revocable living trusts (rlt). For example, I found out from a few phone calls to a few yellow page listings for trust law offices and got some free advice that NV does not require a rlt to be filed with any county or state office unless it includes items such as deeded property / land etc.

Got a copy of Quicken Willmaker 2007 from amazon. Get the QW with the paperback book, it's cheaper:

$32.99, QW w/book (http://www.amazon.com/gp/product/141330527X/103-2034780-3858245)

$44.99, QW w/out book (http://www.amazon.com/Quicken-Willmaker-Plus-Estate-Planning/dp/B000H3FUXC/ref=pd_bbs_sr_2/103-2034780-3858245?ie=UTF8&s=software&qid=1173492390&sr=8-2)

The program is straightforward and fairly intuitive. It will create your trust that is state specific. When you first create your revocable living trust, most name it with your name and it ends up being stated on the BATFE forms as: "John E. Schmuckatelly revocable living trust dated 1/1/2007". When you first create the trust, you can start it with an item such as a dollar bill listing the serial number, or whatever you want. Since it's revocable, it's easily changed.

Don't confuse a trust for your other property with this trust for NFA. Think of it as your NFA trust and get a lawyer to work on other trusts for your non-NFA property.

When you get your SBR, suppressor, whatever, you then add it to the schedule A. This is where the book comes in handy vice trying to navigate a large adobe document. QW will advise you to create a separate "assignment of property" sheet for every item you add to your schedule A (it prints out the assignment of property sheet every time you add an item anyway).

Since you are bypassing your CLEO and requisite passport photos, etc., you also are not required to submit the citizenship form. There is a page to get notarized though. Then you send in a copy of your trust (less the schedule A, they don't need that), two completed form 4s, and a check for $200.00.

[vinesr6]

My last 3 NFA stuff are all under the trust. I have the Willmaker AFAIK. Pretty simple to do really. As far as barrel length's. You could send a letter and list all the barrel lengths, calibers you want to use on your SBR'd lower. This came directly from the guy who handles all my transfers at the NFA branch.

[Derek_Connor]

<--3 items under a trust in florida.

Side track question, I always hear people say they turn in their certification of the trust. But when I print mine out, I sent it all in, no real personal info im worried about.

But is the certification from a certain part X to part Y? I use willmaker 06, it never says anything about printing out the cert..

[rob_s]

This is something I didn't/don't want to dick around with. I paid an attorney to set up my trust specifically geared towards CIII ownership. He is also a CIII dealer which means he knows the laws better than any CIII or lawyer would otherwise.

Personally I just wouldn't ever be comfortable with a willmaker trust, but lots of people go that route.

[Derek_Connor]

This is something I didn't/don't want to dick around with. I paid an attorney to set up my trust specifically geared towards CIII ownership. He is also a CIII dealer which means he knows the laws better than any CIII or lawyer would otherwise.

Personally I just wouldn't ever be comfortable with a willmaker trust, but lots of people go that route.

Rob, if you dont mind me asking, how much did he/she cost?

Im florida also, and I have seen on TOS that the ATF is now having lawyers look at all trust transfers to make sure the trust is in compliance with their own state laws, Im not worried about it, but if i ever had to have my trust amended for some reason..i'd like to have it done by someone "in the know"

[rob_s]

I don't actually recall how much he charged me. I believe it was between $300 and $400. Money well spent IMHO. Especially when you consider that I would have paid to do the corp thing anyway, and I didn't want the responsibility of DIY on that either.

[Rebel Rifle Ordnance]

I'm resurrecting this thread because I'm getting ready to form a trust for my future class III items. From the research I've done, I think it's best to hire an attorney who is familiar with forming such a trust specifically for class III purposes. I found one on my local state firearm owner's forum who is going to do it for me for $250 which I think is very reasonable.

[handlebar]

I have a revocable living trust for both my wife and myself. Would that be adequate if I want to make an SBR, or does it have to be specific to NFA?

[vinsonr]

Sure, it's possible that it'll be fine and the ATF will accept it and you'll never have any issues.

However, consider who the beneficiaries are of your trust. Are they currently minors? You wouldn't want your children possessing NFA items illegally on accident.

That is the type of situation that a lawyer can help draft verbiage to prevent (if the Trust details are followed after you go).

[handlebar]

My kids are all adults. My son would be the beneficiary of my gun collection. My daughter gets her mother's jewelry. So, as long as I list the trust name on the form I should be okay-is that correct?

[RGoose]

My kids are all adults. My son would be the beneficiary of my gun collection. My daughter gets her mother's jewelry. So, as long as I list the trust name on the form I should be okay-is that correct?

You'd be okay as far as the Trust owning the NFA item(s). As far as inheritance goes I believe that is an entirely different issue and subject to NFA transfer as ownership would go from the Trust to your son.

Ideally I think you'd want a separate Trust for your NFA items. Upon your demise your son could be named the trustee of the Trust. This should, in theory, take care of take care of trustee succession for one generation. I am not a lawyer and it's best to seek legal advise concerning how these items are "passed down".

It may be possible to have a succession of trustees manage the trust over several generations while the "Insert Your Name Here NFA Trust" would retain ownership of the NFA items over those generation.

The trust is easy to set up with Quicken (or whatever your chosen mean is) and can be amended while you are still alive. Consult a legal professional concerning the passing down of items. Most "reputable" lawyers offer one free consultation.