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Suppressors Dementia, Death and Cans?

Mike_Honcho

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Full Member
Minuteman
Aug 21, 2007
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My poor ol father has dementia and is not long for this world. He has a couple of cans as an individual. What is the process to transfer them to me (several cans) or better yet to other family members? Where do they need to legally physically sit after he departs and before transfer to the new family member?

TIA
 
When a friend of mine died, the executor of his estate had them put in a safe deposit box with other assets until they were transferred. A Form 5 (tax free) transfer via inheritance is typically used unless the executor liquidates them to an individual or SOT. A lawyer versed in NFA could probably give a better answer.
 
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I'd call the ATF and a lawyer about it. There may be some kind of loophole? With that kind of transfer I think they only charge you the one fee, not one for each can.

If you don't have a trust, now would be a good time to get one and you can let family use them as they please and not be stuck with just one or the other. You'd also only have the one transfer fee. Otherwise if they went to x number of people, you'd need to fill out x number of those forms along with x number of fees, one for each person and his or her allotment of cans.

A good trust or estate attorney familiar with NFA and NFA trusts can square you away with all of this and discuss which method works best for you, and if you get a trust from him, you may be able to get him to handle the other stuff for you too. That's what I'd do in your position.

Check with attorney if this will work first! Another option would be to get a trust now for your dad. He'd have to go sign the documents. You could both be listed as grantors. When he dies, show the attorney the death certificate and he can amend the trust. Note you won't be able to make a purchase without his prints and pictures while he's alive, not with that trust anyway. Same thing with family applies, you can make them beneficiaries, etc., but if they're responsible persons, then they have to do prints and pictures too (unless you temp. revoke them). Check with the attorney first, but if you can set it up where you are the sole grantor and he a trustee, you can remove the trustee and that'd make the cans yours and it'd be even easier. Pretty sure you wouldn't need to bother with a transfer in this case either, but again, check. I'm not an attorney, just sorta familiar with some of these processes, so make sure to talk to one.

Good luck and sorry to hear about your dad. I wish him the best.
 
GUN TRUST you put the cans in a trust then add names to the trust. If your name goes into the trust you need to do the background/application process for those individuals. You can start the process now with Dad alive.
 
Sorry about your father. My mother is going thru this. I believe Zak is correct and you do get a one time pass. Assuming a will or general trust is written and signed, I would consider contacting the ATF. I would expect they would nicely tell you to let nature take its course and go that route, otherwise it's $200.
 
GUN TRUST you put the cans in a trust then add names to the trust. If your name goes into the trust you need to do the background/application process for those individuals. You can start the process now with Dad alive.

the problem with them currently being owned by an individual, is that if they want to put them in a trust right now, then its $200 for every single item and they transfer in on a Form 4.

obviously, a lawyer is key, but that is how i understand it.

im not sure how all that goes if you or someone else has Power of Attorney because of the dementia. Which is a terrible thing, BTW. i am very sorry to hear you are going through that.

Now, in this instance, i bet the OP could amend his fathers will so that when he dies he leaves the NFA items to a trust that is setup or will be setup. Or could they transfer it to a trust no matter what on a Form 5 even if the will says they go to an individual? This is where the lawyer comes in.