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Thread: Trust Lawyers

  1. #31
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    Law ,
    Thank you for all the info! I would like to ask a question . I read On the ATF web site ? or here? That you can also have the DA of the county sign off on the CLEO section on the Form 1 .if this is the case if the DA was my Cousin and signed off for me, would this be a conflict of interest ? thank you


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  2. #32
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    Great help, The Law. I am glad you are a member here offering such valuable information. It would be so nice to have a network of Lawyers like you on the board charging $200 on every state.

  3. #33
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    I know of three. Prince Law in PA, Goodman in FL, and Bunker in NV (The Law).

    I personally know Prince who works the NE. They referee me to Goodman. I was very satisfied with the work they did. Based on what The Law has written here I suspect his work would be good too.

    IMO this is a fairly specialized area of the law. Not many lawyers have studies this area. Further the market for this type of assistance is not that large and one reason there are not many lawyers providing this service.

    One last comment, I have other trusts whe I am the trustee. This one is different and is structured specifically to NFA statutes and regulations. Can an non lawyer draft one? Sure. But it will take effort to do it.

  4. #34
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    Quote Originally Posted by warpigM-4 View Post
    Law ,
    Thank you for all the info! I would like to ask a question . I read On the ATF web site ? or here? That you can also have the DA of the county sign off on the CLEO section on the Form 1 .if this is the case if the DA was my Cousin and signed off for me, would this be a conflict of interest ? thank you
    Yes he can, assuming he is the DA of the county you reside in. This is taken straight from the ATF's Form 4: (Instructions, 2(e), Law Enforcement Certification)

    The chief law enforcement officer is considered to be the Chief of Police for the transferee's city or town of residence; the Sheriff for the transferee's county of residence; the Head of the State Police for the transferee's State of residence; a State or local district attorney or prosecutor having jurisdiction in the transferee's area of residence; or another person whose certification is acceptable to the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives.
    (emphasis added)

    This is also codified at 27 CFR 479.63 (in reference to Form 1, but according to the ATF this is also applicable to Form 4s as stated above).

    As to the conflict of interest question, if he has a different last name, then there is little risk of that coming up. Obviously, if you share the same last name, it may raise some eyebrows over at ATF. But I see no reason why he couldn't assuming the criteria above is met.

  5. #35
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    Can you add items to a trust yourself, or do you need to pay to have it altered if you decide to buy a suppressor for your collection?

    What legal "maintenance" costs are associated with trusts once they've been drawn up?

  6. #36
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    Quote Originally Posted by 1911-A1 View Post
    Can you add items to a trust yourself, or do you need to pay to have it altered if you decide to buy a suppressor for your collection?
    This depends on the wording/structure of the trust. I had someone come in with an approved Quicken trust. However, it was worded such that every time he added an item (and he had many items) he had to amend the trust and assign it to a beneficiary. This created all kinds of headaches with the ATF.

    My trust permits additions of trust property to be listed in the Schedule A, not requiring an amendment. Drafting a revised Schedule A can be done by the individual or in my case, by me free of charge for a client. It takes maybe five minutes to do.

    I also have my trust structured that, in the case of multiple beneficiaries, the property is designated via the Schedule A and not in the trust itself. This again simplifies additions of trust property and designation to beneficiaries so an amendment wouldn't be necessary.

    What legal "maintenance" costs are associated with trusts once they've been drawn up?
    There shouldn't be any unless you need to amend the trust (e.g., add or remove a beneficiary, co-trustee, etc., or your state passes some law requiring a change in the trust). A trust has no upkeep, unlike other entities such as LLCs and Corporations.

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