Death and Silencers

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  • CTBay

    Marksman
    Local Business Supporter
    Rating - 100%
    2   0   0
    Jul 13, 2021
    166
    43
    Bedford
    My 63 year old father died from Covid Oct 1st. You should get vaccinated if you haven’t. At any rate…

    He had 4 silencers. 3 of them are in a Trust. We had both completed paperwork to add me to the trust but he got sick before he filed it. My mom is on the trust so she can legally own the silencers and they are with her in his safe with all his other firearms. There was one silencer he owned as an individual, not in the trust.

    My dad was the “Settlor” of the trust. Does that mean my mom (the only remaining person on the trust) becomes the “Settlor”? She can approve adding me to the trust?

    Can I ATF Form 5 the silencer he owned as an individual into the trust? Its a free transfer that the give for a death.

    Do I need to take the individually owned silencer to a class 3 dealer until I get it in the trust?

    I am not in a hurry to use or posses them I just want to make sure we stay legal. If I loose my rights again there is no getting them back a 2nd time. If the Feds take rights there is no getting them back EVER.
     

    NyleRN

    Master
    Rating - 100%
    28   0   0
    Dec 14, 2013
    3,833
    113
    Scottsburg
    You can't form 5 a can that's individual to a trust unfortunately. You need to form 5 the can to you or your mom and then do another form 4 to the trust. Sorry to hear about your dad
     

    CTBay

    Marksman
    Local Business Supporter
    Rating - 100%
    2   0   0
    Jul 13, 2021
    166
    43
    Bedford
    You can't form 5 a can that's individual to a trust unfortunately. You need to form 5 the can to you or your mom and then do another form 4 to the trust. Sorry to hear about your dad

    Thanks. He was awesome. He would always try to tell me I could borrow them and I would have to tell him I didn’t want to until it was legal. He hated the government.
     

    Mr. Habib

    Master
    Rating - 0%
    0   0   0
    Mar 4, 2009
    3,781
    149
    Somewhere else
    Depends on how the trust was written. Some trust are written in such a way that it becomes unammendable upon the death of one of the trustees. You need to see exactly how it was set up. You may need to transfer everything in the trust to your mother and then create a new trust to add you as a trustee. You need to consult with an attorney that specializes in trusts and estate planning. I use one in Spencer that I've been very happy with. PM me if you want his contact info.
     

    The Bubba Effect

    Grandmaster
    Rating - 100%
    19   0   0
    May 13, 2010
    6,221
    113
    High Rockies
    Hello CT. I don't know if we have met, but i am pretty sure I knew your dad. I was pretty active in appleseed with him and active at the range on washboard and just wanted to say that I am sorry for your loss. I really respected your dad and enjoyed the time I spent with him and enjoyed his cooking.

    No answers for you on the silencers, but saw this thread and wanted to say something.
     

    CTBay

    Marksman
    Local Business Supporter
    Rating - 100%
    2   0   0
    Jul 13, 2021
    166
    43
    Bedford
    Hello CT. I don't know if we have met, but i am pretty sure I knew your dad. I was pretty active in appleseed with him and active at the range on washboard and just wanted to say that I am sorry for your loss. I really respected your dad and enjoyed the time I spent with him and enjoyed his cooking.

    No answers for you on the silencers, but saw this thread and wanted to say something.

    He was. He had a Ruger .22 rifle he used for Appleseed. I probably won’t ever part with it.

    He was very smart. Lawyer(s) wrote the trust. It has all bases covered. This silencer deal needs a solution. I thought I could not only get some help here but also someone can come back and read this if the have similar issue.

    I am pretty sure I can Form 5 the individually owned silencer into the trust. In fact, the instructions I found for the Form 5 encourage the use of a trust. The trust named my mom as the beneficiary or “heir”. That is the only way a form 5 works, is to transfer to whomever was named in a trust or will. She is the one who got everything in both the trust and the will. I don’t think a form 5 can be used to transfer to anyone other than an heir named in a will.

    Since she is the only person currently on the trust I am going to try to form 5 it into the trust. Maybe it won’t work. We will see. I will ask a lawyer that I have to talk to about other stuff anyway but I am not going to pay a new lawyer if I can avoid it. No lawyers so far as I can help it.

    I figured a user or two here knew my dad. Thank You. He will be missed. Im glad I got my criminal history taken care of and I had some time to enjoy this hobby with him before he passed. He was never going to get that shot. That was a bad decision that cost us all dearly. Hopefully can keep someone else from making the same bad decision.


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    NICKT93

    Plinker
    Rating - 83.3%
    5   1   0
    Nov 30, 2017
    131
    28
    MORGAN CO
    My 63 year old father died from Covid Oct 1st. You should get vaccinated if you haven’t. At any rate…

    He had 4 silencers. 3 of them are in a Trust. We had both completed paperwork to add me to the trust but he got sick before he filed it. My mom is on the trust so she can legally own the silencers and they are with her in his safe with all his other firearms. There was one silencer he owned as an individual, not in the trust.

    My dad was the “Settlor” of the trust. Does that mean my mom (the only remaining person on the trust) becomes the “Settlor”? She can approve adding me to the trust?

    Can I ATF Form 5 the silencer he owned as an individual into the trust? Its a free transfer that the give for a death.

    Do I need to take the individually owned silencer to a class 3 dealer until I get it in the trust?

    I am not in a hurry to use or posses them I just want to make sure we stay legal. If I loose my rights again there is no getting them back a 2nd time. If the Feds take rights there is no getting them back EVER.
    Small small world , my Dad past almost 4 weeks ago of “Covid” after multiple negative test and being Vaccinated at 51.
    I’ve talked to the NFA and the local branch of ATF here in Indy. You can Form 5 an individual trust. That’s straight from both of those agencies . All is needed is the death cert. Sorry to hear about your loss . You and your family will be in my prayers.
     

    CTBay

    Marksman
    Local Business Supporter
    Rating - 100%
    2   0   0
    Jul 13, 2021
    166
    43
    Bedford
    Small small world , my Dad past almost 4 weeks ago of “Covid” after multiple negative test and being Vaccinated at 51.
    I’ve talked to the NFA and the local branch of ATF here in Indy. You can Form 5 an individual trust. That’s straight from both of those agencies . All is needed is the death cert. Sorry to hear about your loss . You and your family will be in my prayers.

    Thanks. That sucks, do everything right and still get the short end of the stick anyway. Nobody really cares about you in this world other than family. My dad felt like he was taking some kind of political stand by not taking the vaccine. Nobody cares enough about anyone other than themselves to notice or care about your vaccination. If he knew what it would cost us he would have made a different decision Im sure.

    I guess most people who are going to get vaccinated already have and we are just waiting on everyone else to get sick and die, or not and effectively get naturally vaccinated. Hopefully its almost over. Someone who got sick and recovered has better immunity than the vaccinated, if they don’t die.

    I have the form 5 all complete. Trust documents copied. Looks like form 5 is for just this situation. It also said the trustee can hold the NFA item while form 5 is processing. It requires a death cert we don’t have yet.

    I think not many people know about how Form 5 works because its a unique situation that doesn’t happen all that often. Ill be sure to post if it was successful or not for the future reference of others.
     
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