Trust Question

fitz

New member
If one of the trustees on a trust has a change of address, does the trust need to be amended. If so, how is that done?
 
The lawyer that did mine said no. Me and my wife moved and I did not change the address on my trust. I have even bought another can since then using my new address on the paper work. I had no problems with the paper work and already have the can.
 
with my trust - the member info is located on a user editedable schedule document (i forget if its schedule a or schedule b) but yea.. if someone moves i just open a word doc, change the info, and hit save & then print and make sure everyone has an updated document for their copy.
 
I know this thread is several months old but I encountered a question similar to this and thought I would ask here instead of starting a new post.
In regards to a trust...1)can a trustee be from another state and 2)if that state prohibits the ownership of a suppressor, can that person still posses the suppressor? Basically I guess I am asking can he legally posses it thru the trust or does the state law rule?
I presume that he cannot, but thought I would ask. Thanks
 
state (and federal) law is going to rule.

a trust doesn't grant you any special rights - all it is a legal ownership vehicle for multiple individuals who are otherwise allowed to possess those items. Your state still has to grant permission to possess NFA items.


now this is ASSUMPTION - i am not a lawyer and this is not legal advise (aside from my suggestion to get legal advise!
grin.gif
) - but it would stand to reason that if he's in your state where they're legal (ie: if he's there for a hunting trip, etc) then he should be able to, but i'd recommend contacting a lawyer to confirm or deny that before you go writing him in on anything.
 
Originally Posted By: Plant.Onestate (and federal) law is going to rule.

a trust doesn't grant you any special rights - all it is a legal ownership vehicle for multiple individuals who are otherwise allowed to possess those items. Your state still has to grant permission to possess NFA items.


now this is ASSUMPTION - i am not a lawyer and this is not legal advise (aside from my suggestion to get legal advise!
grin.gif
) - but it would stand to reason that if he's in your state where they're legal (ie: if he's there for a hunting trip, etc) then he should be able to, but i'd recommend contacting a lawyer to confirm or deny that before you go writing him in on anything.
Thanks...I kind of knew it would probably not supercede state or federal law but I told him I would ask anyway. And I understand what you are saying about being here and hunting. Appreciate you taking the time to respond and back up what I thought to be the case. Appreciate it, thanks

Gene
 
I think Plant.One is giving you a good advice. I'm not a lawyer either so I'm not really qualified to answer your question and it also depends on how your trust is written. If you want to be safe, it is best to consult a lawyer. Laws change all the time and ignorance isn't going to be given a slap on the wrist by some judges.

I would think that if he came to your state and was on your trust, there shouldn't be a problem with him possessing your suppressor in your state. He would get in legal trouble and you could potentially get dragged into it if he took your suppressor to his state.
 
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Originally Posted By: BrianID it if he took your suppressor to his state.

ahhh but that's the sticky part - its not "his" (or mine, or your) suppressor. the trust is who owns it. once you register it as trust property - it will be such until its transferred out, no matter who spent the $ to get it there. he (just like you) would only legally allowed to possess it because he's a member of the trust.

and this is why its important to how you list members of your trust and determine who's a trustee and who's just a beneficiary - any exactly why you should make sure your language has two levels of membership (at least).

in my trust as an example, Both beneficiaries and trustee's can possess trust property as both are considered "responsible persons". Trustee's are the only ones allowed to add and also remove property from the trust. Beneficiaries can only possess and use trust property

so legally speaking, anyone you as the grantor trustee (the original person who created the trust) designate as a fellow trustee can dispose of trust property at any time - even items they didnt add to the trust. so it definitely bears consideration who gets to wear which title in your trust.
 
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