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Moving my guns to a trust, but not an NFA gun trust
Posted: Fri Aug 09, 2019 4:33 pm
by texas yankee
I'm having an attorney create a trust for my assets - house, investments, etc. - I'd like for the trust to own my firearm collection, as well - I don't have any NFA items requiring an NFA gun trust, just regular rifles and pistols - is anyone familiar with the process to move guns that I own here in Texas into a trust? Thanks in advance for any guidance.
Re: Moving my guns to a trust, but not an NFA gun trust
Posted: Fri Aug 09, 2019 4:47 pm
by KLB
Ask the lawyer preparing the trust to look into that.
Re: Moving my guns to a trust, but not an NFA gun trust
Posted: Fri Aug 09, 2019 4:49 pm
by KLB
Also ask the lawyer whether you are turning an exempt asset into a non-exempt one. This bears upon whether the guns could be taken in partial satisfaction of a judgment entered against you.
Re: Moving my guns to a trust, but not an NFA gun trust
Posted: Fri Aug 09, 2019 5:44 pm
by Bushwhacker
If I pay a lawyer to draft trust documents, I expect them to answer these kinds of questions.
If not, I would ask myself why I'm paying a lawyer instead of using Quicken Willmaker to do the trust. By the same token, if I pay an accountant to prepare my income tax return instead of using TurboTax, I expect them to answer questions and provide a higher level of service than a software package costing 90% less.
That said, Texas doesn't have a universal background check for firearm transfers (yet) so ordinary Title I firearms can be transferred the same as any other asset. However, you haven't paid me, and this isn't legal advice.
Re: Moving my guns to a trust, but not an NFA gun trust
Posted: Fri Aug 09, 2019 5:58 pm
by Bushwhacker
KLB wrote: ↑Fri Aug 09, 2019 4:49 pm
Also ask the lawyer whether you are turning an exempt asset into a non-exempt one. This bears upon whether the guns could be taken in partial satisfaction of a judgment entered against you.
Personally I would be more concerned about the primary residence than two firearms.
PROP § 42.002
Re: Moving my guns to a trust, but not an NFA gun trust
Posted: Sun Aug 11, 2019 9:04 am
by KLB
Bushwhacker wrote: ↑Fri Aug 09, 2019 5:58 pm
Personally I would be more concerned about the primary residence than two firearms.
PROP § 42.002
You are, of course, correct.