Armory Sponsor
Posted: 11/13/2016 7:31:34 PM EDT
|
I have a trust that I made via Silencer Shop (easy trust) but it didn't come with a form to remove a trustee. With the new regulations I'd rather not have to get my other trustees fingerprints since they don't use the NFA items anyways. Is there a form for this?
Edit - I am in Texas if that makes a difference in needing a notary. |
| I would think that as the grantor of the trust, you could make an amendment page stating that you wish to remove trustees X, Y, and Z from the trust and sign it, then maybe mark through references to them in the rest of the document and initial/date the mark throughs, but I am not a lawyer and I would like to hear what a lawyer would say, as I had the same question about adding a trustee later. |
|
Basically I just did an amendment removing a trustee, dated and signed, no notary needed since you are the owner of the trust. I did not mark up the original as the previous poster said, but that is a great idea. My trust is with my holographic will and only one trusted person has access. That being said, should I do any more NFA I will go the individual route, will states who gets all firearms related stuff.
|
|
Quoted:
I would think that as the grantor of the trust, you could make an amendment page stating that you wish to remove trustees X, Y, and Z from the trust and sign it, then maybe mark through references to them in the rest of the document and initial/date the mark throughs, but I am not a lawyer and I would like to hear what a lawyer would say, as I had the same question about adding a trustee later. Please do not do that. Leave the original trust alone. Add the amendment behind the last page of the trust. This is somewhat correct. You need to have witnesses at the very least for an amendment. I would recommend a notary, but I don't know your state's law so I'm suggesting the "belt and suspenders" approach as it should be safe enough to be valid. |
|
Quoted:
I have a trust that I made via Silencer Shop (easy trust) but it didn't come with a form to remove a trustee. With the new regulations I'd rather not have to get my other trustees fingerprints since they don't use the NFA items anyways. Is there a form for this? Edit - I am in Texas if that makes a difference in needing a notary. You can belt out something on Word. There shouldn't be a need for special forms. |
|
Quoted:
Basically I just did an amendment removing a trustee, dated and signed, no notary needed since you are the owner of the trust. I did not mark up the original as the previous poster said, but that is a great idea. My trust is with my holographic will and only one trusted person has access. That being said, should I do any more NFA I will go the individual route, will states who gets all firearms related stuff. I would make sure that's copacetic with TX law. That seems fishy to me. It's great until someone has to read through all your chicken scratch. Also is that a recognized way to do things in TX? I wouldn't want you to fuck stuff up. 
|
|
Quoted:
Trust amendment procedure is State specific and fact specific. In some States you could potentially also need the consent of the trust beneficiaries. Consult a competent in State Gun Trust lawyer. That's actually going to be more dependent on your trust language than your state law |
|
Quoted:
Trust amendment procedure is State specific and fact specific. In some States you could potentially also need the consent of the trust beneficiaries. Consult a competent in State Gun Trust lawyer. That's actually going to be more dependent on your trust language than your state law |
|
Quoted:
That's actually going to be more dependent on your trust language than your state law Quoted:
Quoted:
Trust amendment procedure is State specific and fact specific. In some States you could potentially also need the consent of the trust beneficiaries. Consult a competent in State Gun Trust lawyer. That's actually going to be more dependent on your trust language than your state law If the trust language does not comport with State law you can end up with an invalid amendment and potentially invalid trust. Going cheap is not always the best course of action. |
|
Quoted:
If the trust language does not comport with State law you can end up with an invalid amendment and potentially invalid trust. Going cheap is not always the best course of action. Quoted:
Quoted:
Quoted:
Trust amendment procedure is State specific and fact specific. In some States you could potentially also need the consent of the trust beneficiaries. Consult a competent in State Gun Trust lawyer. That's actually going to be more dependent on your trust language than your state law If the trust language does not comport with State law you can end up with an invalid amendment and potentially invalid trust. Going cheap is not always the best course of action. If your state's trust code forces a Settlor to have the permission of the Beneficiaries in order to amend by default, that's clown shoes. OP bought a trust from a non-lawyer |
|
Quoted:
Which states require that? I am a lawyer and have never heard of that requirement? Quoted:
If your state's trust code forces a Settlor to have the permission of the Beneficiaries in order to amend by default, that's clown shoes. OP bought a trust from a non-lawyer Which states require that? I am a lawyer and have never heard of that requirement? I'm a lawyer as well. I was trying to explain that the trust language is a bigger concern than the law in that type of situation. |
|
Quoted: I have a trust that I made via Silencer Shop (easy trust) but it didn't come with a form to remove a trustee. With the new regulations I'd rather not have to get my other trustees fingerprints since they don't use the NFA items anyways. Is there a form for this? Edit - I am in Texas if that makes a difference in needing a notary. |
Armory Sponsor