Modify a trust?

[SamT1]

Hey guys. My trust bought a suppressor a few years ago. Now that those laws have changed I have another son. My oldest is named in the trust and I would like to add the baby now.
What must I do? The trust is just a simple one (Gun trust, not a generic trust) that a friend gave me and the wife changed the wording and names to accommodate our family.
Sam

 

[JeffG]

*watching.

 

[Theohazard]

I recommend you talk to a trust lawyer, preferably one who is familiar with the NFA and with gun laws in general. NFA trusts are very important things to get right, and they're not the kind of thing you want to entrust to random people on the Internet, no matter how well-meaning those people may be.

 

[vtsteve]

Are you looking to add the baby as a trustee or a beneficiary?

I don’t believe a minor can be a “trustee” since they can’t legally possess NFA items. They may be some sort of conditional trustee if there’s language in the trust to accommodate that. Mine has some in it that says they’re not a trustee under certain disqualifying conditions, IE they’re a minor, felon, etc. Being a named beneficiary shouldn’t be an issue.

I’d ask your buddy if he has any additional documents that went with his trust. I have an addendum page for mine that lets me add trustees. I just make as many copies of that page as I need and have each trustee sign it in front of a notary.

It all depends on how your trust was set up. As others will tell you, when in doubt ask a lawyer.

 

[SamT1]

Are you looking to add the baby as a trustee or a beneficiary?

I don’t believe a minor can be a “trustee” since they can’t legally possess NFA items. They may be some sort of conditional trustee if there’s language in the trust to accommodate that. Mine has some in it that says they’re not a trustee under certain disqualifying conditions, IE they’re a minor, felon, etc. Being a named beneficiary shouldn’t be an issue.

I’d ask your buddy if he has any additional documents that went with his trust. I have an addendum page for mine that lets me add trustees. I just make as many copies of that page as I need and have each trustee sign it in front of a notary.

It all depends on how your trust was set up. As others will tell you, when in doubt ask a lawyer.

I believe my wife and dad are trustees and brothers and older son are beneficiaries. It does have wording to exclude inelegible persons.

 

[Arizona_Mike]

Whoever made the trust for you should have provided instructions, forms, etc. Requirements like notarizing or filing the amendment (if required) are going to be state dependent.

Mike