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Want to set up a trust for Class 3 items...

Posted: Tue Dec 27, 2011 9:37 am
by APynckel
Does anyone have any recommendations as far as good lawyers go to set up a 2 person trust (myself and my dad) with no beneficiary? Or is there a simpler method to doing this? I don't want to form 4 my items and have to go through the CLEO every time.

Thanks.

Re: Want to set up a trust for Class 3 items...

Posted: Tue Dec 27, 2011 9:41 am
by The Annoyed Man
I don't personally know of any lawyers.....yet....who will do this, but this search might help you. My son and I are researching doing the same thing.

search.php?keywords=trust&terms=all&aut ... mit=Search

Re: Want to set up a trust for Class 3 items...

Posted: Tue Dec 27, 2011 10:42 am
by RECIT
Many of the class III dealers will help you or at least point you in the right direction to get it done. They usually are making a few bucks on it, but it is business and you get assurance it is set up right from the get go b/c that is what they specialize in. If they don't do you right on the trust part why would anyone buy from them?

Re: Want to set up a trust for Class 3 items...

Posted: Tue Dec 27, 2011 12:46 pm
by jpfrog
Walker, Rice, and Wisdom are the "[Pre-paid legal service]" lawyers. They offer an NFA program to help with setting up the trust and also help with the paperwork for the class 3 permit (I think). Here's their NFA website info... https://tlsnfa.com/" onclick="window.open(this.href);return false;

I don't work for them...only passing along some info I found.

Re: Want to set up a trust for Class 3 items...

Posted: Tue Dec 27, 2011 9:27 pm
by Chemist45
Mrs. Chemist and I used Mitsy Barajas.
713-229-0224
http://WWW.NFA-TRUSTS.com" onclick="window.open(this.href);return false;

She was recommended by a local class 3 dealer.
She's in Houston and we did everything via phone, email and fax.
A year ago it cost us $650.
Very happy with the service we received.

Re: Want to set up a trust for Class 3 items...

Posted: Tue Dec 27, 2011 9:29 pm
by APynckel
Going to go with Sean Cody. $450 for a trust.

Re: Want to set up a trust for Class 3 items...

Posted: Wed Dec 28, 2011 4:33 pm
by Ace_Inthe_O
Rays sporting goods here in Dallas has someone who does it for $400. The lawyer they use is a great guy and I would highly recommend him.

Re: Want to set up a trust for Class 3 items...

Posted: Wed Dec 28, 2011 9:49 pm
by rm9792
I am in the same pickle but worse. I should have done a trust from the start but now I want one. I already have 3 items so I got to blow another $600 to the ATF to move them over.... :mad5 Add that to 450 and it really blows.

Re: Want to set up a trust for Class 3 items...

Posted: Thu Dec 29, 2011 9:53 am
by doc540
In SETexas: Brad at Lone Star Gun Range near Beaumont

Re: Want to set up a trust for Class 3 items...

Posted: Thu Dec 29, 2011 8:44 pm
by Lambda Force
rm9792 wrote:I am in the same pickle but worse. I should have done a trust from the start but now I want one. I already have 3 items so I got to blow another $600 to the ATF to move them over.... :mad5 Add that to 450 and it really blows.
If they're already in your name, what's the advantage of transferring them to a trust? I aways thought the prime advantage of a trust is for people who can't get the CLEO sign off for one reason or another.

Re: Want to set up a trust for Class 3 items...

Posted: Thu Dec 29, 2011 9:16 pm
by Jumping Frog
Lambda Force wrote:If they're already in your name, what's the advantage of transferring them to a trust? I aways thought the prime advantage of a trust is for people who can't get the CLEO sign off for one reason or another.
If it is your personal item, it has to be in your personal possession. If it is a trust item, any trustee can possess it. Thus, if you have a spouse, adult children, a sibling, a business partner, or a close friend that you would like allow access to your NFA item, you can add their names as trustees and they are allowed to possess the item. Without being a trustee, if you want to let your adult son, for example, shoot your SBR, then you have to accompany him.

Re: Want to set up a trust for Class 3 items...

Posted: Thu Dec 29, 2011 10:48 pm
by Rugrash
I used a copy of Quicken Willmaker Plus for $50 and a free notary at Bank of America...Done! If you want to pay an attorney go with Sean Cody. Just remember though...they use computer programs too and just fill in the blanks just like if you do it yourself. Now I haven't had the BATFE or any LEO's reading my trust docs and they are not in the business of determining the legality of them either (that would be the courts). One word of advice is that when you name your trust, you might want to keep it short. Mine is really long (First, Middle, Last name, suffix and Revocable Living Trust) and hasn't proven to be an issue with my engraver for SBR's but it could be simpler. Also the trust is really the only option we in Harris County have other than an LLC.

Good luck whichever you decide to do.

Rug

Re: Want to set up a trust for Class 3 items...

Posted: Thu Dec 29, 2011 11:31 pm
by Thomas
Rugrash wrote:One word of advice is that when you name your trust, you might want to keep it short. Mine is really long (First, Middle, Last name, suffix and Revocable Living Trust) and hasn't proven to be an issue with my engraver for SBR's but it could be simpler.
As far as I know you don't have to engrave anything (other than a serial number if you made the item yourself).

Re: Want to set up a trust for Class 3 items...

Posted: Fri Dec 30, 2011 12:18 am
by rm9792
I did a lot of research on this. You have to engrave your name, a SN, and city/state on anything you "make". I made a silencer so I had to engrave all that on there in letters at least 1/16". When I had my SCAR barrel chopped to 10.5" I had to do the same as I "made" a NFA firearm with the exception of a SN, you have to use the existing one.
If you buy one that way already then no, you dont have to do anything. The guys over at the AR15 forum have letters and such posted from the ATF clarifying the issue. What gets confusing is the defintion of "manufacturer". Apparently any change other than cosmetic (ie finish, grips, etc) is considered "manufacturing". I am glad I live in Alvin and not somplace like Waxahatchie, you gotta pay by the letter!
One interesting thing is that for a while the ATF allowed you to do all that on the barrel of an SBR but changed it later (grandfathering in the old ones).
The entire trust name must be on there with no abbreviations allowed other than a recognized 2 character state code.

Re: Want to set up a trust for Class 3 items...

Posted: Fri Dec 30, 2011 12:27 am
by Thomas
hmm. Thank you for the info. I will have to look into it more. I am interested in creating a trust (cheap route with software) to make my own suppressor next year. I'm probably going to become a member of a hackerspace in Houston so I can use the tools available there, assuming it's legal - I'll have to look into that too.