NC Trust Never Used - Now Live in TN and Want to Use It

I had a gun trust set up for me in 2012 when I lived in NC.

Shortly after it was written I moved to TN.

It was noterized in NC etc however I never used the trust to purchase anything. I never even opened a checking account or anything before I left.

I’m in TN now and I have purchased NFA items as an individual but I’m thinking about using the existing trust to SBR a lower if it’s not too much trouble.

I paid a good bit of money to get my trust set up correctly in NC and I’d like not to do that again if I don’t have to. My long term plan is to consider transfering all of my stuff to the trust and naming my daughter who lives in TN trustee. Short term all I want to do is SBR an existing lower and possibly get a faster turn around by e-filing.

What do I have to do to pull this off? How do I go about making changes to the trust’s address, trustees etc.

Thanks for any advice.

You shouldn’t have to do anything; most trusts include a provision that it is a trust created under State X and that the laws of State X shall apply, regardless of where you move. I would proceed with the trust you have; worst case scenario is to do an amendment that changes the situs and governance of the trust to TN.

As to the trustee change, you may normally amend the trust (in accordance with its provisions) to change and/or add your daughter as trustee. Generally speaking, most trusts allow amendment by the grantor in a writing signed by the grantor and delivered to the trustee. The attorney who drafted it should be willing to explain the particulars of amending it -

If you paid a great deal of money, then I am sure you used an attorney and this attorney could advise you properly.

I am not a lawyer so I would not know for sure, but I would imagine the trust is attached to the state in which it was drafted as it is an entity of that state.

I called him to discuss and he said he didn’t think that I needed to do anything to go ahead and put a SBR on it. He also said he didn’t know the laws in TN so I figured it couldn’t hurt to ask around…

Where in TN did you move to? There are some pretty good NFA Trust guys here. It might be worth it to have them give it a look-see and advise you.

I see that your long term goal is to move the individual forms over to your trust. You know you’re going to have to go through the whole stamp process again, right?

I’m near Nashville. Yea I know that would be the case if I did that. There may not be any reason to move everything over. I was just thinking that it might make access to the weapons easier for my daughter when I’m gone. When and if I do that I’ll pay a trust lawyer to look it over. Right now I’m fresh out of money for lawyers so if I’m not comfortable I’ll just go the individual route to SBR one of my lowers. My BCM 11.5 factory SBR should be out of jail in about 30 days anyway.

Contact Chip Cain. I believe he’s out of N’ville or around the mid-TN area. Another good one that is Memphis based is pat stegall.

I would be worth an email to see what they have to say. They’re not creating the trust so it may not be expensive at all.

Thanks!!

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