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Thread: Can an individual will a NFA item to a trust?

  1. #1
    Senior Member
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    Can an individual will a NFA item to a trust?

    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?

  2. #2
    Interesting question. IANAL, so I will ask one!

    Jeff Folloder

    NFATCA Executive Director
    www.nfatca.org










  3. #3
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    Quote Originally Posted by ExecDirector View Post
    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.

  4. #4
    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.

    Jeff Folloder

    NFATCA Executive Director
    www.nfatca.org










  5. #5
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    Quote Originally Posted by ExecDirector View Post
    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!

  6. #6
    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.

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