Rule 41F Trust question

Ferg · Oct 3, 2017

I apologize in advance for this question, I'm certain its been asked multiple times already.

I have an existing trust, created in 2012.

I'm the settlor.
My wife is the trustee and the beneficiary.
I have two named successor trustees.

The two named successor trustees have not signed an affidavit attesting to qualification to possess an NFA Item. Nor have they signed any page of the trust.

The trust is in good standing with items and money, just haven't purchased any NFA in awhile.

So to my question:
Who needs to be finger printed and fill out 5320.23?

Thank you,
Ferg

Pinecone · Oct 3, 2017

AFAIK, you and your wife.

Ferg · Oct 3, 2017

Ok,

Just got off the phone with Martinsburg. She stated that a beneficiary does not have to fill out the form or fingerprints. But the successor trustees do.

So that sort of poses a pain in the azz.

Anybody thinking about creating a trust right now may want to take that into account during the preparation of their trust, because right now I 'd have to get fingerprinting done for 4 people every time I make a purchase or make a NFA Firearm.

I haven't been able to get a hold of my attorney yet to confirm this.

Ferg

outrider58 · Oct 3, 2017

Pinecone said:
AFAIK, you and your wife.

Agreed

IANAL

Ferg · Oct 3, 2017

outrider58 said:
Agreed

IANAL

This makes the most sense to me also. I'm wondering if the lady I spoke to actually knows exactly what she's talking about. I feel like she only heard "trustee" when I said "successor trustee"'.

Pinecone · Oct 4, 2017

That is what I think.

Talk to YOUR attorney.

Successor trustees do not have access to the NFA items until all trustees are dead.

Sundazes · Oct 4, 2017

Pinecone said:
That is what I think.

Talk to YOUR attorney.

Successor trustees do not have access to the NFA items until all trustees are dead.

This. MY attorney changed my trust so I have a successor trustee. He was a full trustee. He does not have to be printed, etc. I have one item in jail that was submitted in May with this arrangement. So it will be a while.....
IANAL, as was stated, talk to yours....

Ferg · Oct 4, 2017

I'm not certain I'm going to be able to find my attorney. You guys know him. I think he changed his handle to Lex Armarum. Last time he posted on these forums was: September 6th, 2016

Anybody have a current address for him? Not sure if I should post his name or not. His old team gave me a phone number, but it links to some google user account.

Ferg

Sundazes · Oct 4, 2017

Ferg said:
I'm not certain I'm going to be able to find my attorney. You guys know him. I think he changed his handle to Lex Armarum. Last time he posted on these forums was: September 6th, 2016

Anybody have a current address for him? Not sure if I should post his name or not. His old team gave me a phone number, but it links to some google user account.

Ferg

There is no reason you can't just form a new trust. Any new items can go on that. It may be an easier and cheaper route.

Ferg · Oct 4, 2017

Half tempted to forgo the trust from here on out and go individual instead. But then I'd need another

gun safe to separate out the items that the wife can get her hands on and what she couldn't... might be an idea...

Ferg · Oct 4, 2017

Ok, spoke with my trust lawyer. He does agree that successor trustees will most likely have to be fingerprinted based on how the rule was written. Some may be open to interpretation based on who reviews your paperwork, but he said be prepared for it.

Other options if I don't want to deal with getting 4 sets of prints done is either go individual or have an addendum added to the current trust, removing the successor trustees.

I guess I can always file with just my wifes and my own prints, and see what they come back with. No harm no foul, might slow the process, of course.

I replied here as an fyi, your results may vary.

md_al · Oct 12, 2017

Ferg said:
Ok, spoke with my trust lawyer. He does agree that successor trustees will most likely have to be fingerprinted based on how the rule was written. Some may be open to interpretation based on who reviews your paperwork, but he said be prepared for it.

My successor Trustees are my children who at this point in time are 12 and 7 respectively.

Rule 41F Trust question

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