Who has filed without a trust

[hammAR]

I don't suppose that since he makes his living off them that he would be at all biased...........

[Ghost]

I don't suppose that since he makes his living off them that he would be at all biased...........

True but there may some other aspects we are ignoring.

He did my trust so I'm biased also

[hammAR]

You need to face it - there are just some that don't get it nor do they want it............

It's like convincing someone that a 1911 is superior to the plastic squirt guns..............

[2in2out]

I have a trust, but given the current regulations, I'm not sure I would do that again.

On the other hand, it was my entry into estate planning and I see my gun trust as something which will significantly help out my kid and grandkids. I learned quite a bit about trusts in general and it has given me the motivation to create another trust for my non-firearm property.

If I didn't have kids, grandkids or anyone that I wanted to leave anything to, an NFA/firearm trust may be more trouble than it's worth. You may also be able to gamble that by the time it's needed, suppressors will be removed from the NFA list and you won't have to worry about transferring them. Thus, I can see why someone would be resistant to set one up.

I think it comes down to making an informed decision based on your own personal needs.

[goosed]

I went the trust route for my own reasons... I might be biased... yet, I think saying anyone will go to jail just for knowing the combination to the safe is more of a scare(selling) tactic than anything.

I could see how someone intent on selling a trust could advocate for the idea of "constructive possession". Under a quasi-similar scenario of a baggie O' fun found inside a car, everyone inside the car could be taken in and charged for possession. However, the courts to date have held that items held under lock/key are in "controlled possession". Such that, having a spare key to a neighbors house has not been viewed as possession of all items held within. In this instance as long as the door is closed, locked and you're not inside. You are only responsible for the items in plain view or directly in your possession. If the bag O' fun is in your pocket you go to jail; if the doors locked and it's out of view, even though you have a key, you get to continue sleeping in your own bed. I would hazard to guess a locked safe would be held in similar light.


I've also seen the scenario of someone who has become incapacitated or worse, died, as being another reason to own a trust. Sure it's true, the care taker of the house is technically in full possession of the home and all items held within including NFA items during the incapacitated period. However, once again no one is going to jail. The ATF does allow the probate period to take place for registered items to be transferred via from 5 (tax free transfer) to a lawful heir. There may be some special circumstances, but in general from 5 transfers need to be completed prior to the closing of probate. If no heir wants or can lawfully take possession of NFA items they can even be sold at an estate auction via form 4 at the discretion of the probate court(NOT atf). The evil batf doesn't get to just sweep in and take away your toys after your death if you don't have a trust/will as some would have you believe.