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Posted: 5/4/2026 10:54:56 AM EDT
| We have a trust through silencer shop with 3 individuals(all family members) and about 15 suppressors on the trust. One of the individuals(the settler or one who started the trust) may be going through a divorce in the future. How will this affect the assets in the trust? Is it better to start a new trust and move the assets into that so everything doesn’t get tied up in the divorce or can we change the settler on the trust with an amendment to avoid that? I called silencershop and they said there’s nothing that can be done but I just assume they don’t know/want to deal with the questions. Any help would be appreciated. |
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Simply remove the "trusted person" that is in question. The trustee (originator of the trust) is the only person that can add or remove beneficiaries from the trust. Now once the divorce is final and if there's a split of assets, say the ex-beneficiary gets 3 cans, then a form 4 transfer will be required to get the suppressors off the trust and onto their possession. |
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Two thoughts: 1. “May be going through a divorce in the future.” That implies the divorce hasn’t been filed at this time. My recommendation here is for this person to be removed from having any sort of financial control over the trust assets. They should be bumped down to being an authorized user and possessor but having zero sale decisions and zero authority over the assets. If this person is realistic about what is going on, you should have a conversation with them about this ASAP. 2. You should see a lawyer NOW to have the trust modified to achieve the above. EDIT: If removal or resignation is an option, and they’re cool with it, do it. But I still recommend a lawyer to ensure the to-be-ex’s future lawyer can’t find a way to claw back recent resignations and changes. I’m no expert on this and not a lawyer anywhere, but I do know every state has its own differing laws which must be considered. |
“Don't post anything here or send anything you aren't willing to defend in court.”
-Notcalifornialegal
-Notcalifornialegal
| Unfortunately the individual on the trust that may be getting a divorce is the settler of the trust. I was told they can’t be moved to a responsible person and one of the others on the trust moved to the settler. I find that hard to believe. I know there used to be a few lawyers on here that could advise on this sort of thing. Was hoping they would chime in. |
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Originally Posted By mustang-cars: Unfortunately the individual on the trust that may be getting a divorce is the settler of the trust. I was told they can’t be moved to a responsible person and one of the others on the trust moved to the settler. I find that hard to believe. I know there used to be a few lawyers on here that could advise on this sort of thing. Was hoping they would chime in. @mustang-cars Even if you got an answer here, it’d need to come from someone in your state. An answer from someone in any other state may be totally invalid in your home state. As much as spending money sucks, pay a competent Trust lawyer (bonus if they have divorce-related asset protection experience) for an hour of their time and get this answered the right way. |
“Don't post anything here or send anything you aren't willing to defend in court.”
-Notcalifornialegal
-Notcalifornialegal
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I have no affiliation but have used NFA Lawyer in the past twice with good results. I had a good trust drawn up buy a good lawyer back when NFA was not supper popular and less common. Eventually I wanted to make changes like you do. The lawyer had moved on and I could contact him about addendums. I found out the NFA Lawyers can re right a existing trust into their format. They cant change the name, they are just kind of updating the format. But the advantage of that is that they then offer very clear and very simple instructions to you about how to add or remove people, how to change address, how to file things when moving and all that crap. So basically, if you are in charge of the trust and cant get ahold of the lawyer who made it and all that. NFA Lawyer can redo the trust for around $100 into their format. it really isnt changing anything legal at that point. its almost like rewriting a existing trust. But then they will email you forms to add or remove people as a simple addendum. Just remove the person in question. I know it sounds like a bunch of steps but it has been nice to have them available for simple email questions about changes to the trust. Now if you have every item on its own single shot trust, I would make a new trust ASAP and get them all transfed into that one. Edit, Sorry i just read your original post better. He will need to be the one to make any changes to the trust at any point. But I would still reach out to NFA Lawers. They might be able to tell you if once the trust is in their format if a new Settler can be named. If it is doable I am sure it would happed with a addendum and notaries. If you think about it it happens in trust if the originator of the trust dies. The person named in the trust becomes the new Settler at the time of the death has to have the trust updated to reflect that they have that position. |
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