Mr.Maim wrote:
zr1 wrote:
I talked to two different attorneys about it and got these reponses...
When asking about setting up a trust "for the purpose of having the trust own the firearm"...
He looked at me like I was from Mars. He hadn't heard of it and didn't know of precedence on it. Since it was out of his realm, he was not sure how to defend the document in court, and therefore could not (as an attorney has a fiduciary duty to give the best advice to their knowledge) do up the trust.
When asking about setting up a trust "for the purpose of transferring assets in the untimely event that I was no more"...
Yes, this could be done. But it would be very much based upon a standard assets trust....and priced at about $1,500 - $1,600.
Sure, the trust could own a firearm or any other asset. But as GunTrustLawyer points out many times on their writings, it may not include some needed aspects.
I'm not at all surprised that you received the first response. Trusts and estate planning are as much an exclusive realm of law as is criminal defense or product liability law. Everyone has their speciality, so the challenge is finding someone that specializes in this. I would assume that some trust attorney somewhere in Arizona set up a trust for themselves and thought that maybe that'd be a service that they could provide to others for a fee.
As for $1500 to $1600 to set up a trust: that is definately at the very high end of what that service costs and would be the fee for someone with a large estate, several beneificaries and probably several pieces of real estate and multiple assets listed in the trust. If you consider that the going rate for a good attorney in Phoenix is in the $200 to $300 an hour range, $1600 is several hours of work by both the attorney and a paralegal/secretary and atypical for a normal trust involving two or three people and one asset (to start).
GunTrustLawyer is a great self-promoter. :-)
So, did you lultimately have an attorney set one up for you or did you DIY?
I talked to an attorney locally who set up estate planning for my mom, and he's definately a gun guy, and has several items in his own NFA Trust.
He was unwilling to do NFA Trusts for others because he didn't know all the rules. I was a bit taken aback by that since he'd done his own.
I've sent repeated emails and even called GunTrustLawyer about a Trust in Arizona, and received zero response.
Eventually, I just wrote my own based on this and many other threads.