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Old April 6, 2009, 06:31 PM   #1
Gregory Gauvin
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What happes if I die?

Just curious as to what would happen to any Class 3 weapons or suppressors I own if I died.

If I bought a suppressor and didn't go the Trust route, if I died in 50 years from now would the ATF really remember to come to my house and find where I hid my suppressor?

If I went with a Trust, my wife or trustee would be able to own it?

Is there a yearly cost to maintain a Trust?
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Old April 6, 2009, 06:39 PM   #2
p99guy
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There is no yearly cost to maintain a trust....but every NFA item you own already would have to be transfered into the trust( another $200 an item) if you wanted it to be in the trust....Do make sure they are on your will, if they are not on the trust....so you can heir them somebody upon your passing.
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Old April 6, 2009, 09:32 PM   #3
B.N.Real
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I would think that whoever you willed them to would have to immediately apply for the necessary permits to have them transferred over to them.

It would be much better for the person you willed them to,to already have a the permits or payments in (with reciepts) necessary to have the things.

The ATF would'nt track down your stuff,they would jail whoever had that stuff illegally,if the willed to person failed to do the necessary paperwork and got checked out by chance.
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Old April 6, 2009, 09:56 PM   #4
Bill DeShivs
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There aren't any PERMITS to own NFA weapons!
They can be willed, but must be held by the executor until proper transfer paperwork is processed. I don't believe there is a transfer tax on willed items.
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Old April 6, 2009, 11:17 PM   #5
Gregory Gauvin
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How about this reasoning:

If I own an NFA weapon, and I am the only person it is entrusted to, and I store the weapon to where I only have access to it, ie., in a safe, and I die, and do not have the item willed to somebody...would the ATF then come to collect the item?

Will my children/wife be held responsible?

If I do not provide my children access to the item, will the ATF jail them claiming they have illegally taken the weapon?
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Old April 7, 2009, 04:12 AM   #6
imthegrumpyone
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I'll pray for you, come over and collect up all the stuff you won't be using any more, take real good care of them and think of you every time I use them.
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Old April 7, 2009, 09:03 AM   #7
Mike Irwin
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Moving to the NFA forum.
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Old April 7, 2009, 11:07 AM   #8
mskdgunman
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I ran into this situation a few years ago while buying a Reising. The guy who had it had found the registered weapon in his fathers gun safe. Father was a collector and had passed away a couple years prior. The son never knew that dad had the SMG which was registered to the dad in 1975. The family started going through the safe gradually selling off items as the father did not leave any instructions in the will. They then found this SMG and were not sure exactly what they had or what to do with it.

In order to buy the weapon, we first had to get his attorney involved and get the weapon legally transfered to the sons possession. That required about a year of paperwork, death certificates, affidavits, letters, phone calls and the ATF registration forms. Once it was registered to the son, I was able to complete my paperwork and buy it from him. All totaled it took about 2 years for me to get the weapon.

Had the father left the weapon to the son as part of the estate, we were told that all that would have been necessary was to do the ATF transfer paperwork and include a copy of the will. As it was, the guy had an unregistered NFA weapon in his possesion and really had no idea of what to do. He was just going to sell it to me like a regular firearm when I first spoke with him. It was a learning experience and I've since indicated in my will what I want done with all my NFA stuff and who I want in charge of making sure it gets done
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Old April 7, 2009, 11:11 AM   #9
Dingoboyx
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Stay alive

Thats the best way
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Old April 7, 2009, 01:36 PM   #10
Dingoboyx
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What happens when you die?

Well, you stop breathing, poop yourself and make funny noises, then you go a funny yellow/green/blue/purple color :barf:..... then everyone says what a nice bloke you were, then fights over your stuff.....

especially your guns

What's your address?
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Old April 7, 2009, 05:59 PM   #11
highrolls
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Your heir will need to accomplish a timely form five transfer.

Here is the form.

http://www.titleii.com/pdf/010205-Form5.pdf

I think the check box for the heir is number three on the left of the form.

There is no transfer tax for the heir, but other things apply. The heir cannot be
a felon conviction etc... and must live in a state that allows this.

You should inform the potential heir of this responsibility, since the
hypothetical case assumes you are no longer around.
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Old April 8, 2009, 01:46 PM   #12
James K
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ATF has full instructions, available on their web site (www.atf.gov) about NFA transfers as part of an estate.

Jim
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