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Own Firearms? DO THIS NOW and thank me later
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In accordance with industry accepted best practices we ask that users limit their copy / paste of copyrighted material to the relevant portions of the article you wish to discuss and no more than 50% of the source material, provide a link back to the original article and provide your original comments / criticism in your post with the article.
[quote:Cryptographer:MV80NzM4Nzk2Xzg2MzYwMTE1XzkzMjg4Mg==] [quote:Anonymous Coward 79738288:MV80NzM4Nzk2Xzg2MzQwMjcxXzI5MjJBNjI0] Just checked with my boss on this, big gun guy, a vet. Said he already has done this should there ever be a need to avoid probate. [/quote] It most certainly allows one to avoid probate as well. In my opinion every family should use trusts if for no other reason than probate. But, people can be lazy and don't bother to address things until it is too late. Reasons to put firearms in a trust: (1) You can bring in new trustees and you can also resign as a trustee... thereby taking possession of a firearm without there legally being a "transfer". (2) No need for probate. The beneficiaries already are named and the process is simple. (3) Limited asset protection - even though a revocable trust is not intended to serve as asset protection, which is more the function of a non-revocable trust, you still can sort of accomplish it (if married), working with an attorney as maker, and live in a state that does not have joint liability for married people. Another plus, in Florida, you are not liable for a debt of a spouse if you did not also assume liability for that debt, such as signing on a joint account. Florida also has amazing protection from creditors and judgments that might come from something unfortunate such as a car accident where a huge judgment awarded against you if you are married. It is called TBE and basically it means that property owned by a married couple can not be individually attached by execution of a judgment... it is totally exempt and can not be touched. Couple that with some of the best homesteeads protection in the country and you are set. Texas is another state I know with really good homestead protection but unfortunately, unlike Florida, Texas is a joint property state and you are liable for the debts of your spouse and they do not have TBE like Florida. One thing to note, if you do go the TBE route in Florida make sure that you title your cars individually -- because if it is held as a TBE asset THEN the TBE can be sued. So assets that can not possibly cause liability (like clothes, household goods, electronics, furniture, jewelry, precious metals, etc) should be held in TBE but items of liability held individually (like car, boat, etc) so there can not be joint liability in the case of an accident. That way losses are limited. (4) Trusts do NOT have to be filed in public record and everything about them is secret unless you disclose it. One would just want to make sure that the formation of the trust and critical vesting of the trust is NOTARIZED. This establishes WHEN you took these actions which is super important. Also, I would be sure to clearly describe the EXACT firearm you assign into a trust to include the SERIAL NUMBER. This way the agents of evil later can not try to claim that you just swapped in an identical firearm but that it was not the same one. (5) Trusts can be used to control/own other entities that are more practical for conducting business. For example, New Mexico Corporations do NOT make public any information about officers/directors etc, only the Registered Agent is listed, which can be a company that provides the service for you for like $25 a year. You can have the trust own the corporation 100%. The info about the trust is not public ANYWHERE. If you are not conducting business that generates revenue you don't even need to get a tax number. This "corporation" can be used for simply "owning a car", for example. Done correctly it is nearly impossible to navigate a web of trusts that own other trusts that own other trusts that own corporations (domestic OR foreign). (6) Trusts do not cost anything to form (unless you pay an attorney to do it) beyond the cost of a notary stamp (at least in the United States, I don't know about trusts in other countries). There are no annual fees, there are no hidden costs. You do not need to disclose any details about a trust. Learn about trusts and see why they are amazing. If you are clever you can make nearly everything about you "vanish". Only what you have now that has public title of some sort (car title, deeds to property, etc) that are not originally purchased in the name of the trust but that you TRANSFER via some type of public record (deed recording for example) would you be associated with the trust at all and that would be if someone REALLY wanted to know and did some deep digging and put in a fair amount of effort. So, if you want it to be private make sure the original transaction is in the name of the trust. [/quote]
Original Message
I am going to give you a suggestion, run with it if you like or ignore it totally. I am not providing legal advice, this is just me telling a story, so listen to my story or ignore it, your choice.
I suggest that you create an
individual REVOCABLE TRUST for EACH FIREARM you own
and assign ownership of a firearm into the given trust. This means each trust you create will own ONE firearm. If you have 10 firearms, you have 10 trusts. You can also assign ammo into the trust if you like.
They can even be named in numbered order:
OK Coral Firearms #1 Revocable Trust
OK Coral Firearms #2 Revocable Trust
OK Coral Firearms #3 Revocable Trust
...etc
You will need at least one Trustee (you) and a beneficiary.
Trusts cost NOTHING to form (unlike filing a LLC or corporation) and do NOT have to be part of any public record. To establish the date the trust was created so it can not be disputed later make sure your signature is NOTARIZED when you form the trust.
Now... once you do this you no longer technically own the firearm, the trust does. This means that if you wish to transfer that trust to anyone else in the future you simply add a Trustee to the trust and then you can resign from the trust. That is not a transfer or sale of the firearm.
The new trustee now has control of the trust, and the firearm, and no "transfer" has taken place.
Do this BEFORE it is signed into law, if it looks like that is going to happen. I predict it will happen.
You are welcome.
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