Can I just send the Certification of Trust or do I need to send the Declaration of Trust as well?
Do I need a witness when having my Declaration and Certification of Trust notarized and if so how many? Can my Successor Trustee be the witness?
How many witnesses do I need in the Assignment of Property? Can my Successor Trustee be the witness?
Thanks a bunch
According to guntrustlawyer.com you send a complete copy of the trust, not the certification. The certification of trust is for your dealer’s records. Send the trust copy, assignment sheet (two witnesses), declaration of citizenship & of course your form 1 or 4 (2 copies of either).
Note that on the declaration of citizenship, on the first line put the name of your trust and your name (last, first, MI) on the second line.
As Smith said they’re going to want a copy of your trust and all schedules. The rest of your questions are most likely state specific.
Thanks gentlemen. Smith, if i’m only using schedule A they don’t need B and C too right?
If your trust only has an Schedule A then you can’t send them a B and/or C can you? I’m in Florida, two witnesses, and only a schedule A, it flew through fine.
Not necessarily. I’ve seen a sample trust or two that had “no property” on both B and C.
Listen to fireglock on this one. My trust uses an assignment sheet, not schedules.
My trust has a Schedule A only.
Correct, but you have to make sure that your trust does NOT mention anything about a Schedule B or C. If it does, you must send in those schedules that are referenced in your trust. My trust (Texas) uses A, B, and C, but I only sent in A as it was the only schedule that contained property, as well as everyone else on the various forums preaching you only need to send in Schedule A. NFA legal delayed my Form 1 until I provided B & C, even though they were absolutely blank. So, just because you’re only using A does not mean B & C aren’t required too, if they’re part of the trust.
Hope this helps.
Thanks for clarifying that Kry. I was a little worried there thinking my trust might have mentioned B and C but it only mentions A.
Smith, its all good. I used a assignment of property as well. Do I have to make a new assignment of property and have it notarized every time I add something to my trust?
I’m glad I saw this thread, I thought all I needed to do was send in my form 1 and a copy of my trust.
So when going the trust route you need to send in:
1: Copy of the trust
2: form 1 or 4
3: a signed schedule of assets (does it have to be notarized?) (what exact info needs to be on the schedule?)
4: certification of trust? (this is the first I’ve heard of this)
5: certificate of compliance?
I thought new what I had to do, but I guess I was wrong.
If you are using an assignment sheet instead of “schedules”, as Smith934 and I are, then for each transaction you send in an assignment sheet ONLY WITH THE ITEMS BEING TRANSFERRED LISTED. You do not have to send them a list of every item in the trust each time, and it does NOT have to be notarized.
Since you have to send the trust you don’t need a certification of trust.