Trust Attorney?

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  • ebxgsxr

    Active Member
    Apr 3, 2011
    202
    near BWI
    so can i add my brother as a co-trustee if he doesn't have his HQL yet? i assume i would probably have to wait until he has it, right?
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    An HQL has nothing to do with an NFA trust.

    The only thing you need an HQL for in Maryland is buying a handgun. It has no bearing on the possession or use of any firearms whatsoever. You just can't buy a handgun in Maryland without one.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Seeing that this is the last trust thread... I figured I would add on to it.

    Is there any reason not to create a separate trust for each NFA item? I can think of two reasons not to do this.

    1. More paperwork. However this does not scare me.
    2. More times paying to get something notarized. I think the cost is minimal, so not a huge deal.

    Benefits post ATF rule change:
    1. For guys like me constantly buying NFA items, I can add certain people to the trust and leave it that way, rather than having to remove them or getting finger prints from everyone.
    2. Allows access based on each item... ie a Suppressor is basically worth very little and not likely to be used to kill anyone. No one has ever used a suppressor to beat someone to death. So the access level is much lower for me. Basically anyone I would let borrow a rifle. Now my $15K MG... I don't want every one having access to it.
    3. Names. I can use a different name if I have to stamp it into the side of a Historical SBR build.
    4. Easier to detail who gets what when I kick the bucket.

    So to me I don't see a down side.... any thoughts? I feel like no Lawyers are looking at the changes made last July and altering the trusts to optimally work with the new rules in place.

    Anyone every use that Potomac Gun Trusts listed in the IP section?
     

    BearCreek

    Member
    May 5, 2017
    1
    HoCo/Garrett Co
    Anyone every use that Potomac Gun Trusts listed in the IP section?

    I used Potomac before last July and it was much like Hawkeye in post #10. You pay, fill out the form, and then receive an electronic and hard copy of your trust. I thought it was affordable and there was also assistance provided for filling out the forms and schedules.

    Not sure if there have been changes to their trust language since then.
     

    DevinRPD

    Active Member
    May 3, 2017
    168
    Talbot
    was there a recent rule change about what NFA items we were allowed to put into a trust? i thought i heard something about that
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    was there a recent rule change about what NFA items we were allowed to put into a trust? i thought i heard something about that

    Nope.

    There was a rule change that went in to effect last July that governed who is a "responsible party" for a trust, and how you have to report that and do background checks for those people, but there were no changes to what items can be owned by a Trust, because the ATF has no control over Trust law.
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    just remember every listed in the trust is a responsible member and will need passport photos and finger prints. you can set up some one as heir with out any thing.

    No. "Everyone listed on the trust" is not a Responsible Person. There is a very clear cut definition from the ATF as to what constitutes a Responsible Person.

    That is:

    ATF said:
    In the case of a trust, those with the power or authority to direct the management and policies of the trust include any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for or on behalf of the trust.

    Weather or not a person listed in a certain role on a given trust is a Responsible Person or not depends entirely on how that trust is written. If it gives the listed powers above to a person, then they are a RP. If it doesn't, they aren't.

    For example: On my trust, I am Settlor / Grantor and sole Trustee. Those roles give me the powers above, so I am an RP. My wife is Successor Trustee, and my minor son is Beneficiary. Neither a Successor Trustee or a Beneficiary the way that my trust is written have any of the powers that would make them an RP. So for my trust I am the only RP, not my wife and not my son, even though they are "listed" on the Trust.

    Too many people forget that not every trust is written the same, and the legalities surrounding them (especially with issues like RPs) depend entirely on how a given trust is worded.
     

    Clutch

    Member
    Jan 10, 2013
    60
    Severn
    No. "Everyone listed on the trust" is not a Responsible Person. There is a very clear cut definition from the ATF as to what constitutes a Responsible Person.

    That is:



    Weather or not a person listed in a certain role on a given trust is a Responsible Person or not depends entirely on how that trust is written. If it gives the listed powers above to a person, then they are a RP. If it doesn't, they aren't.

    For example: On my trust, I am Settlor / Grantor and sole Trustee. Those roles give me the powers above, so I am an RP. My wife is Successor Trustee, and my minor son is Beneficiary. Neither a Successor Trustee or a Beneficiary the way that my trust is written have any of the powers that would make them an RP. So for my trust I am the only RP, not my wife and not my son, even though they are "listed" on the Trust.

    Too many people forget that not every trust is written the same, and the legalities surrounding them (especially with issues like RPs) depend entirely on how a given trust is worded.

    Under last year's regulation change does just the RP need finger print and photo for new (post 7/16) NFA item applications or does the Successor (or Beneficiary) also need to submit prints and photo on any new trust items? I was told "everyone on the trust" must do photo and print.
     

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