199Trust

Elliotte · Feb 10, 2014

anderson76 said:
The difference is that with the tattoo or parachute you will soon realize if you got what you paid for.

Same for the discount tacos.

Lex Armarum · Feb 10, 2014

Thanks for the kind words folks! I really appreciate your good opinion of my work and hope I can continue to serve the 2A community in Maryland.

With regard to 199trust and other out-of-state outfits that sell NFA trusts, here are some factors one needs to consider when procuring an NFA trust:

1. Is the person preparing the trust an attorney? If yes, proceed to question 2. If not, then STOP. Trusts are complex legal documents that create duties/obligations, interests, and liabilities. I believe that trust drafting is still very much an art as well as a functional activity and one must have the education, training, and experience to create a trust that serves the needs of one's clients. In the same vein, when you're fulling around with NFA items - the misuse of which incurs significant criminal penalties - it is better to have someone draft a trust who is experienced and accredited to perform such a service (e.g., licensed under the bar of the State in which you reside).

2. Is the attorney licensed in Maryland? Trust law is state specific. If an attorney is not licensed in the subject state, then the attorney is not technically competent to render advice on legal issues pertaining to that state. In other words, if you live in Maryland, get a Maryland attorney.

3. Does the attorney know ANYTHING about firearms law in general and NFA law specifically? There are plenty of estate planning attorneys out there who can draft a trust for you. However, there are few that know and understand the vagaries and complexity of state and federal firearms laws and regulations.

Hope this helps forum members make an informed decision.

kenpo333 · Feb 10, 2014

With anything you can get in trouble for you need an attorney!

anderson76 · Feb 10, 2014

kenpo333 said:
With anything you can get in trouble for you need an attorney!

I’m guessing there was no attorney watching you fill out that 77R at your LGS. And yet you somehow managed to avoid incarceration.

anderson76 · Feb 10, 2014

Rusty Shackleford said:
Trusts are complex legal documents that create duties/obligations, interests, and liabilities. I believe that trust drafting is still very much an art as well as a functional activity and one must have the education, training, and experience to create a trust that serves the needs of one's clients.

Are these gun trusts really so complicated that they cannot be explained to the average Joe in under 10 minutes? Is it really that hard to from a valid trust under MD law?

Rusty Shackleford said:
- it is better to have someone draft a trust who is experienced and accredited to perform such a service (e.g., licensed under the bar of the State in which you reside).

What accreditation can you, or for that matter any other MD attorney, show that they have achieved a certain level of competency in the area of trusts and estates law? Knowledge of even the most basic T&E concepts does not appear to be a condition precedent to admission to the MD bar.

Lex Armarum · Feb 10, 2014

anderson76 said:
Are these gun trusts really so complicated that they cannot be explained to the average Joe in under 10 minutes? Is it really that hard to from a valid trust under MD law?

What accreditation can you, or for that matter any other MD attorney, show that they have achieved a certain level of competency in the area of trusts and estates law? Knowledge of even the most basic T&E concepts does not appear to be a condition precedent to admission to the MD bar.

With regard to question one, the answer is no and yes. No, in that I can give a client a good overview of trusts and their uses in a few minutes; yes, in that it would take much more than ten minutes to teach a client HOW to draft a good trust. My question is why are you asking? I'm sensing that you already have an answer in mind. After all, you're allegedly an attorney, I'm sure you can form an opinion of your own in response to your question.

With regard to question two, the answer to your question about "accreditation" is self-evident as I posited an example: a license to practice law from the Maryland bar (which is all the accreditation one needs to sell legal estate planning services in Maryland) and the statement was made in relation to the question, "Is the person preparing the trust an attorney?" Moreover, you'd do well to recognize that I included "experience" in that sentence in recognition of the fact that one must not only possess a license to practice law but also posses experience in trust drafting. As for my accreditation, I'm licensed to practice in this state and I've been drafting trusts for a little over 3 years now and have drafted trusts for HUNDREDS of satisfied clients. Sure, its not a lifetime but I'm working at it.

Was it worth the effort of asking stupid questions in an effort to make me look foolish? (Something that you failed to accomplish; you should try taking a course in reading comprehension.)

jkray · Feb 11, 2014

Rusty Shackleford said:
Thanks for the kind words folks! I really appreciate your good opinion of my work and hope I can continue to serve the 2A community in Maryland.

With regard to 199trust and other out-of-state outfits that sell NFA trusts, here are some factors one needs to consider when procuring an NFA trust:

1. Is the person preparing the trust an attorney? If yes, proceed to question 2. If not, then STOP. Trusts are complex legal documents that create duties/obligations, interests, and liabilities. I believe that trust drafting is still very much an art as well as a functional activity and one must have the education, training, and experience to create a trust that serves the needs of one's clients. In the same vein, when you're fulling around with NFA items - the misuse of which incurs significant criminal penalties - it is better to have someone draft a trust who is experienced and accredited to perform such a service (e.g., licensed under the bar of the State in which you reside).

2. Is the attorney licensed in Maryland? Trust law is state specific. If an attorney is not licensed in the subject state, then the attorney is not technically competent to render advice on legal issues pertaining to that state. In other words, if you live in Maryland, get a Maryland attorney.

3. Does the attorney know ANYTHING about firearms law in general and NFA law specifically? There are plenty of estate planning attorneys out there who can draft a trust for you. However, there are few that know and understand the vagaries and complexity of state and federal firearms laws and regulations.

Hope this helps forum members make an informed decision.

Rusty, you pretty much nailed my concerns right on the head and properly addressed them. Although I am not in the financial position to form a trust right now you can bet that when I am you will be recieving a phone phone call/email. Thanks

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