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Not so. The trust declares who inherits whats been placed in the trust, but what if one of the trustee's lives in another state and also need to prove if the inheritor is legally able to inherit the NFA tax stamped items.
The ATF wants to keep track of them and in my case, I'm 50% owner of the trusts holdings since I live in the same state and the other guy involved lives in Chicago, and he can't ever take possession of them.
So I have possession and the right to hold on to them. The form 5 will declare me the lawful heir, I just need some guidance, so I don't make any clerical errors while filling out the forms.
 
The answer depends on the exact language of the trust and the characteristics of the existing NFA registrations . This is not something I would guess at. It's worth a firearms attorney's consultation fee. I don't know any in Oregon but a recent thread on NWFA included recommendations.
 
I've had two lawyers look at the gun trust. The first one was handling the family inheritance trust and he offered his opinion that the way the gun trust was written was that I had full legal control of the NFA items even before the Grantor passed away because she was under heavy medication from hospice end of life cancer treatments and i already had durable power of attorney.
The other lawyer I reached out to specialized in gun trusts and confirmed that since there is only two trustee's named in the gun trust and other one can't take possession, I by default get to keep them until I decide to sell them, as the there is no provisions for monetary reimbursement to the other guy in Illinois.
He inherits a 50% share of them if they were sold, but gets no other say in the matter.
My questions about the form 5's are more to do with the fingerprint cards, responsible person letters to the local sheriff and other ATF paperwork that will be needed to get it right the first time.
I haven't submitted any tax stamp forms since before Obama changed things.
 
I'm sure you probably already know all this, but…..


If you're the listed executor of the trust AND you have durable power of attorney of the deceased Grantor's estate (on top of that) it seems to me that you have the power to rename the trust (and restructure lines of survivorship succession from the list of trustees), and (should you so choose) even write the other guy out of the trust (and estate) altogether, as well as add/delete whoever else you want as a trustee w/o all the "hoopla" of fingerprints and photos (assuming the trust existed prior to those Obama era rule changes).

The (current) trust owns the NFA items in perpetuity until such time as the executor disposes of them either by selling them, or "gifting" them to an individual (assuming that individual would be you,
LOL)

Check out this link: https://www.guntrustlawyer.com/form5/


Hope that helps!
 
The trust clearly states it's an irrevocable 50/50 interest between the two of us.
My plan is to hold onto the two machine guns and suppressor til I pass and then bequeath them to my favorite nephew., which the gun trust clearly allows.
The only way the other trustee can demand ownership is to move to Oregon and that's not going to happen.
There is no monetary values given to the NFA items, so I don't have to financially compensate the other trustee, unless I decide to sell them.
My durable power of attorney ended when the she passed away. I'm just about to close down the other family trust before this tax year ends and need to focus on the gun trust before March of next year.
I thought about selling the machine guns, but how often does one have the opportunity of receiving free machine guns and since I can't stand the other guy, why sell them and give him half the proceeds.
 
The trust clearly states it's an irrevocable 50/50 interest between the two of us.
My plan is to hold onto the two machine guns and suppressor til I pass and then bequeath them to my favorite nephew., which the gun trust clearly allows.
The only way the other trustee can demand ownership is to move to Oregon and that's not going to happen.
There is no monetary values given to the NFA items, so I don't have to financially compensate the other trustee, unless I decide to sell them.
My durable power of attorney ended when the she passed away. I'm just about to close down the other family trust before this tax year ends and need to focus on the gun trust before March of next year.
I thought about selling the machine guns, but how often does one have the opportunity of receiving free machine guns and since I can't stand the other guy, why sell them and give him half the proceeds.
I'm happy to volunteer for the role of "favorite nephew". Let me know if that position opens back up.
 
I'm happy to volunteer for the role of "favorite nephew". Let me know if that position opens back up.
Duly noted. Out of all my relatives, my nephew Joe is the only one that I have any contact with.
As for the rest, I wouldn't cross the street to say hello. Kinda sad considering the time of year.
 
Last Edited:
Duly noted. Out of all my relatives, my nephew Joe is the only one that I have any contact with.
As for the rest, I wouldn't cross the street to say hello. Kinda sad considering the time of year.
You ain't the only one. I've come to the conclusion that families are built, not born.

Happy holidays to you and yours and good luck w/ the guns.
 
Did you ask your attorneys if you even should submit a Form 5? Are you already an RP on the trust? If so, before or after the trust's last NFA filing?

Based on the summary above, which is vague and missing some details, it sounds like you are planning to submit a Form 5 listing you as an individual as the transferee rather than asking the ATF to update the trust's RP to be you. I would cover that specific topic with your attorney.
 
The trusts name will be kept intact, as the trusts name will be entered on line 2a and my address will be entered.
My name will be entered on line 3b
 
Here's a question. When you fill out the responsible person forms, do you make two copies for each Form 5 and then send one to the ATF and other one to your local top law official?
 

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