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View Full Version : Can an individual will a NFA item to a trust?


jason8844
04-27-2015, 08:42 PM
Quick question...

I own numerous NFA items as a individual, can I make the lawful heir upon my death a gun trust where no transfer tax must be paid (i.e. form 5), or can I only leave them to another individual?
ExecDirector
04-28-2015, 01:30 PM
Interesting question. IANAL, so I will ask one!
jason8844
04-28-2015, 04:08 PM
Interesting question. IANAL, so I will ask one!

thank you! I was under the assumption that since a trust is legally a person in the eyes of the law that I could create a trust for my heirs and will all of my individual items to it upon my death. However, after I was talking to somebody at Silencer Shop in Austin, TX yesterday when I was buying another Silencer, he did not think it was possible. He admitted he was not a lawyer and I should ask. So I did.
ExecDirector
04-28-2015, 04:33 PM
Confirmed... You can do it. Have confirmed with several lawyers that both affirm that a trust can be a beneficiary of a will and that ATF will utilize the Form 5 to complete the legal transfer, tax-free, to the trust.
jason8844
04-28-2015, 06:04 PM
Confirmed... You can do it. Have confirmed with several lawyers that both affirm that a trust can be a beneficiary of a will and that ATF will utilize the Form 5 to complete the legal transfer, tax-free, to the trust.

Great news! Thank you!
sillycon
04-29-2015, 03:57 PM
Speak to your estate planning lawyer about a "pour over will" if you haven't already done so. That way anything you forget to specifically mention anywhere else can also be moved into your trust as part of probate.