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Adding people to a trust
https://www.waguns.org/viewtopic.php?f=41&t=85304
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Author:  snozzberries [ Mon Oct 16, 2017 9:33 am ]
Post subject:  Adding people to a trust

With the changes to Trusts, and Rule 41F, I'm confused about adding people to a trust.

Let's say you create a trust today, and add 1 person to it for a suppressor. I need a background check, fingerprints, photograph.

Then in a month I want to add somebody to the trust. It used to be I could just modify the trust paperwork and be done. But now they need a background check, fingerprints, photograph? What is the process to accomplish this?

Author:  Guns4Liberty [ Mon Oct 16, 2017 9:44 am ]
Post subject:  Re: Adding people to a trust

snozzberries wrote:
With the changes to Trusts, and Rule 41F, I'm confused about adding people to a trust.

Let's say you create a trust today, and add 1 person to it for a suppressor. I need a background check, fingerprints, photograph.

Then in a month I want to add somebody to the trust. It used to be I could just modify the trust paperwork and be done. But now they need a background check, fingerprints, photograph? What is the process to accomplish this?

I'm not a lawyer, so don't take this as legal advice, but my understanding is that a revocable living trust can be changed by the Grantor as many times as he/she wants for any reason at all. I think it's perfectly legal to amend your trust to remove "responsible parties" like trustees and lifetime beneficiaries prior to purchasing a new NFA item, so that they don't have to jump through the 41F hoops with you. Then, after submitting the Form to ATF for approval, you can simply amend the trust to add those people back as responsible parties. It's a little extra work for you, and you'll have to have each amended version re-notarized, but I think it is a legitimate way to bypass 41F without breaking the law. Just make sure that your amended trust remains legally valid after each amendment. You might want to run this past an actual lawyer though.

Author:  1811GNR [ Tue Oct 17, 2017 10:58 am ]
Post subject:  Re: Adding people to a trust

Not a lawyer.
I don't believe it is necessary to do the prints, photos, etc. until you submit the trust to ATF for another NFA item. Just add them to your trust.
IIRC there are some restrictions on adding/removing people on the trust within a time frame of submitting the application for a new NFA item.

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