Idaho Fire arms trust and death?

[Cota]

So my best friend built an SBR with suppressor, paid taxes and set them up in a trust for ownership but died before signing the trust.
Now what? Asking for his widow. Do I need to contact a trust attorney? Anyone have a recommendation?
They live in Idaho by the way.
Thanks

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[drstrangelove]

If the trust was not enacted, spouse will need to apply for NFA ownership, tax stamp, etc for said weapons. Otherwise it needs to be turned over to the ATF.

 

[Cota]

Thank you

 

[VinnieBoomBah]

So sorry for your loss, but good news, the stamp is N/C but I just realised that even if it was a full price stamp that price will also be free, so . . .

https://www.atf.gov/file/97596/download

The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor wouldapply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for atax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent's will or, inthe absence of a will, anyone entitled to inherit under the laws of the State in which the decedentlast resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate.

 

[Cota]

Thank you

 

[jbett98]

Did he leave a will that gives the wife his possessions?
A claim could be made to the probate court that would allow her to sell the two tax stamped items to an FFL broker.

 

[Camelfilter]

Sorry about the loss of your friend.

ATF transfers of NFA items to decedent heirs can be done tax free using a form 5.

AFAIK the heir(s) apply similarly to how the initial owner did. Full fingerprints, background etc.

Also, AFAIK the ATF allows for the executor of an estate to hold NFA items for a "reasonable timeframe" while said transfer paperwork is being filed. -IE the executor isn't an owner, just "holding them".

 

[narlesharley]

Please tell me if I am wrong but before the suppressor is purchased you have to make a decision if it will be in a trust before your form 4 correct? I believe the same is for the SBR. Are you sure you are getting the correct details?

 

[VinnieBoomBah]

Please tell me if I am wrong but before the suppressor is purchased you have to make a decision if it will be in a trust before your form 4 correct? I believe the same is for the SBR. Are you sure you are getting the correct details?

You're not wrong, excellent catch!

 

[narlesharley]

ALSO, please tell me if I am wrong, in the state of Idaho you can gift a firearm without a FFL involved to a spouse. It sounds like one of two things. One, we do not know the date of when this man gifted his spouse the gun. Or two, you are trying to find out how to wind up with this, what sounds to be, a potentially sweet addition to the safe.

 

[Stomper]

Please tell me if I am wrong but before the suppressor is purchased you have to make a decision if it will be in a trust before your form 4 correct? I believe the same is for the SBR. Are you sure you are getting the correct details?

You're not wrong, excellent catch!

That was the first thing I thought... if the stamps were initially issued under a trust then the revocable trust MUST have been signed, notarized and valid BEFORE the "AFT" would have issued the stamps for them.

 

[VinnieBoomBah]

ALSO, please tell me if I am wrong, in the state of Idaho you can gift a firearm without a FFL involved to a spouse. It sounds like one of two things. One, we do not know the date of when this man gifted his spouse the gun. Or two, you are trying to find out how to wind up with this, what sounds to be, a potentially sweet addition to the safe.

I don't think that gift thing applies to Class 3 toys, but also stamps will be free before some of us get over our hangovers

 

[narlesharley]

I don't think that gift thing applies to Class 3 toys, but also stamps will be free before some of us get over our hangovers

Vinnie I think we are now going down the rabbit hole. I think the original post is withholding some information. At the bottom of Priest Lake is an easier conversation for anyone who askes.

 

[VinnieBoomBah]

Vinnie I think we are now going down the rabbit hole. I think the original post is withholding some information. At the bottom of Priest Lake is an easier conversation for anyone who askes.

 

[Camelfilter]

NFA items may be transferred into a trust after being stamped to an individual.

It used to cost another $200 per NFA item to do so.

Probably why the decedent was waiting. No extra stamp fee after Jan 1…

 

[wired]

If the trust wasnt signed and submitted to the ATF he didnt have a legal SBR. They wouldnt have approved it. Its contraband.

 

[GrayGoose]

If the trust wasnt signed and submitted to the ATF he didnt have a legal SBR. They wouldnt have approved it. Its contraband.

Exactly what I was thinking.

 

[Camelfilter]

If the trust wasnt signed and submitted to the ATF he didnt have a legal SBR. They wouldnt have approved it. Its contraband.

Exactly what I was thinking.

Note: also has a suppressor.

So I'm simply circling back to my theory posted above. The decedent had filed individually, and was approved in the past.

Was in the process to flip them onto a trust after January...

 

[VinnieBoomBah]

Was in the process to flip them onto a trust after January...

Maybe in anticipation of the question we are dealing with here?

 

[jbett98]

Unless he personally made both of them.