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Old August 13, 2013, 08:55 PM   #1
Join Date: December 31, 2009
Location: Alabama
Posts: 21
Schedule A question

On my NFA trust, I want to change the bank account funding the trust. What's the best way ? Shall I simply remove the old account and replace with the new one. Or, leave the old one on the schedule A with a comment that it is no longer valid while adding the new one ?
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Old August 13, 2013, 10:04 PM   #2
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Join Date: September 18, 2011
Location: Wisconsin
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I don't list or even have a "funding" account for my trust. I am not an expert or a lawyer but I think the ATF cares how you pay for your NFA items.
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Old August 14, 2013, 07:13 AM   #3
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Join Date: September 27, 2008
Posts: 121
i have a trust in sc--i have no accounts associated with the trust. trust very simple and complies with state guidelines. i was approved for a sbr build--paid for tax stamp with a money order that i signed as trustee. it ain't complicated.
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Old August 14, 2013, 05:36 PM   #4
Join Date: December 31, 2009
Location: Alabama
Posts: 21
It's my understanding, in my state, a trust must be funded to be valid. I don't have the option of my trust not being funded.

If anyone has any insight or opinion on my original question of changing bank accounts as it would be documented on my schedule A, I appreciate your comments.
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Old August 14, 2013, 06:46 PM   #5
Coach Z
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Join Date: February 18, 2011
Location: RI
Posts: 795
Sorry can't say as this has come up with my trust, I'd suggest asking whomever setup the trust for you. They should be well versed in appropriate regulations etc.

It seems that if you setup the new one before canceling the original then you never would have broke the trust being funded...
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Old August 15, 2013, 03:56 PM   #6
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,454
Banger, you are correct that trusts must possess property at the time of their creation in order to be valid. That property can be cash, ammunition, rifles, etc. the nice thing about a bank account is it offers a nice, verifiable way to prove the trust was funded at its creation in a way that is admissible.

As to what the best way would be, that is really a question for whoever drafted it. A trust is a complete document. Depending on how it is written, changes in one part of the trust may have unintended effects on the other aspects of the trust.
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Old August 15, 2013, 11:28 PM   #7
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Join Date: February 13, 2013
Location: Lochbuie, CO
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Re: Schedule A question

Don't you just use a "revised"schedule A as you would when the nfa item comes back approved and is added to the trust?
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Old August 17, 2013, 02:02 PM   #8
Join Date: December 31, 2009
Location: Alabama
Posts: 21
After reviewing my original post, I see I could have been a lot clearer. Allow me to restate my question....simply put, when you remove an asset from the trust's schedule A, regardless if it is funding, a rifle, or etc., is it better to completely remove the item off the schedule A, or leave it on with a notation that it is has been removed from the trust ?
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Old June 20, 2014, 09:01 AM   #9
Join Date: March 25, 2014
Posts: 98
Please don't listen to what others are saying about not needing a bank account. Just because people aren't getting in trouble for it now doesn't mean they won't in the future. All we need is some psycho to shoot up a school with a suppressed gun and the NFA will come under intense scrutiny and that's when all those minor violations people have made will be discovered.

Considering how easy it is to open the account, there is really no reason not to do it.

As for your original question, schedule A's are not ideal, if possible you should contact your lawyer and have the schedule A removed and use assignment sheets instead. But for the new account, you will need to update the schedule A to reflect the new account.
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Old June 20, 2014, 10:46 AM   #10
Willie Lowman
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Join Date: March 5, 2009
Location: Uh-Hi-O
Posts: 2,684
My attorney told me to open a bank account in my trust's name before doing anything else. I pay for all the trust's purchases and tax stamps with it's account. When not about to buy another suppressor + stamp I keep a few dollars in the account.
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