Amending a Trust

**DontCome2MyHouse** · 09-25-13, 06:28

I would like to add a suppressor to my Trust. I already have a SBR lower listed on the last page (I forget what that page is called, sorry). Do I list the suppressor on my Trust BEFORE sending it in with my Form 4 or AFTER once its approved?

Since I already have 1 item listed (my SBR lower), is it even necessary to list the suppressor before sending everything in? I've heard you have to have at least one item of value listed.

**albatrossarmament** · 09-25-13, 07:37

Trusts are done different ways. I add an NFA item AFTER it has been approved. Also, the first time I sent my trust in, the "item" of value was a $1 bill, the attorney used that to create property within the trust. However, I have seen other trusts made by different attorneys that did not have any property listed upon creation.

**DontCome2MyHouse** · 09-25-13, 08:08

Originally Posted by albatrossarmament

Trusts are done different ways. I add an NFA item AFTER it has been approved. Also, the first time I sent my trust in, the "item" of value was a $1 bill, the attorney used that to create property within the trust. However, I have seen other trusts made by different attorneys that did not have any property listed upon creation.

I've seen a few guys use the dollar bill method.

**tappedandtagged** · 09-25-13, 12:34

Add the suppressor AFTER you get the tax stamp back for it.at least that's what my SOT told me.

**RHINOWSO** · 09-25-13, 13:11

Originally Posted by tappedandtagged

Add the suppressor AFTER you get the tax stamp back for it.at least that's what my SOT told me.

Same here. I create receipts for the trust, that it paid for the suppressor but the trust doesn't legally possess the suppressor or any Form 4 item until it's approved and in the trusts possession.

Lowers or rifles your do a Form 1 on are different, because the trust is possessing it as a non-NFA item before the Form 1 is approved, so it is listed on the schedule of property before the Form 1 is submitted.

You add the trust to the schedule of property after you get it. In fact I created the additional assignment of property paperwork and signed them at my SOTs immediately after he gave me (as the grantor / trustee) the Form 4s.

**DontCome2MyHouse** · 09-25-13, 15:29

Originally Posted by RHINOWSO

Same here. I create receipts for the trust, that it paid for the suppressor but the trust doesn't legally possess the suppressor or any Form 4 item until it's approved and in the trusts possession.

Lowers or rifles your do a Form 1 on are different, because the trust is possessing it as a non-NFA item before the Form 1 is approved, so it is listed on the schedule of property before the Form 1 is submitted.

You add the trust to the schedule of property after you get it. In fact I created the additional assignment of property paperwork and signed them at my SOTs immediately after he gave me (as the grantor / trustee) the Form 4s.

Schedule of Property was the term I was looking for.

In my Schedule of Property I have it looking like an Excel spreadsheet. My headings are Make, Model, Type (Pistol, Rifle, Suppressor, etc), Serial #.

I was thinking of adding either NFA Item (yes or no) or possibly NFA Number. I noticed at the top of my approved Form 1 for my SBR it has a number stamped at the top. My number started with "OH" because I'm assuming it's because I live in Ohio. Is this considered a "NFA Number" and would anyone consider using it as a heading in their Schedule of Property?

**RHINOWSO** · 09-25-13, 20:09

I just do the make model, serial number deal on the Schedule of Property.

**Pierced Armor** · 09-25-13, 22:31

Originally Posted by tappedandtagged

Add the suppressor AFTER you get the tax stamp back for it.at least that's what my SOT told me.

I've heard it and seen it done both ways. I had an attorney once tell me it should be on the trust's "Schedule of Property" as soon as you purchase it. It's property of the trust, regardless of weather you have possession of it or not.

The NFA Form 4 is just a procedural tax and registration before you can take legal possession. If for some reason you are denied, you could still sell it to someone else with the SOT dealer acting as the transferee. Of course at that point your somewhat screwed and would probably want to make a financial arrangement with the SOT for all the extra headache they would be stuck with.

I've done 6 transfers where my Trust's "Schedule of Property" already contained the NFA item pending NFA approval in it. All of these items where on the copy of the trust that accompanied the NFA forms sent to the ATF for approval. Four of the six were under Obama's ATF so I know the trust were closely scrutinized.

Good luck and be very, very patient.

PA