Mike Hammer Posted June 3, 2011 Report Share Posted June 3, 2011 We talked a bit in a previous thread on forming a trust. I now would like to do so as I am buying another class 3 item. If I do form one I will probably also transfer my other items to that trust. I think I would like a lawyer to help me out with forming one. Does anyone know if the NRA legislative/legal dept. can recommend a qualified lawyer in my state, (Louisiana) to help me out with the paperwork? Or if anyone else out there can suggest some other legal person in my state that has done this type of thing before? Any advice would be appreciated. Mike Hammer Link to comment Share on other sites More sharing options...
DixieTriggerMan Posted June 4, 2011 Report Share Posted June 4, 2011 We talked a bit in a previous thread on forming a trust. I now would like to do so as I am buying another class 3 item. If I do form one I will probably also transfer my other items to that trust. I think I would like a lawyer to help me out with forming one. Does anyone know if the NRA legislative/legal dept. can recommend a qualified lawyer in my state, (Louisiana) to help me out with the paperwork? Or if anyone else out there can suggest some other legal person in my state that has done this type of thing before? Any advice would be appreciated. Mike Hammer I formed a revocable living trust about 2 years ago and have used it to purchase several NFA items. The codes governing trusts in my home state (Georgia) are not too complicated and, after researching the law thoroughly, I felt confident in doing my own using Quicken WillMaker 2009. I purposely kept the provisions of my trust straightforward and use it only to hold Title II firearms. Although I am comfortable with having created my trust without hiring an attorney, I will be the first to say that do-it-yourself trusts are NOT FOR EVERYONE. If you have the least bit of doubt in your ability to create a valid trust, by all means hire an attorney. David Goldman is a Florida-based lawyer who specializes in NFA trusts. He maintains relationships with attorneys in other states and I'm almost certain you could set up a trust through a Louisiana attorney in his network. Bear in mind I am not in any way associated with Mr. Goldman and cannot vouch for his services. I can say that he is well known on the web and posts regularly to several firearms forums. Just Google "gun trust lawyer" and you will find him very easily. Unless you have some sort of special situation, I don't think it would be advisable to transfer Title II firearms you currently own into your trust. Since your trust would be its own legal entity, the change in ownership from you (as an individual) to your trust would require a Form 4 (taxable) transfer just as if you were selling it to someone else. I have several NFA firearms I acquired before I formed my trust. I left their ownership as-is, registered to me as an individual. Link to comment Share on other sites More sharing options...
Mike Hammer Posted June 4, 2011 Author Report Share Posted June 4, 2011 DTM, thanks for the reply. Louisiana is the only state in the U.S. that practices Napoleonic Law and I know this causes problems for many people trying to be "do it yourselfers" when it comes to writing up legal documents here. I will definitely seek council when attempting to set something up. As you say perhaps the Fla. based attorney can suggest someone in this state with experience, I may contact him if I can't find anyone. Mike Hammer Link to comment Share on other sites More sharing options...
DixieTriggerMan Posted June 4, 2011 Report Share Posted June 4, 2011 Mike, I just found this reference about a Louisiana attorney who did a trust for "toledo" who posts on AR15.com. Here is what he had to say: We ended up using Terry Knister. Very fast, helpful, and reasonable. Terrence K. Knister Gordon, Arata, McCollam, Duplantis & Eagan, LLP 201 St. Charles Avenue, 40th Floor New Orleans, LA 70170-4000 Ph# 504-569-1865 (direct dial) Fax# 504-582-1121 tknister@gordonarata.com Link to comment Share on other sites More sharing options...
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