I live in Ohio and called the secretary of state to ask about registering my trust and getting a certificate of good standing, the agent informed me that in Ohio that if it is not a business or real estate trust they will not register or provide a certificate of good standing.
My question is I read in the stickies that I can send in just the first page of my trust, is that correct I do not have to send all the Pages?
As far as I know you must send the ENTIRE trust in along with the Schedule A. That’s how I did and as far as I know so have all the people that I have dealt with locally.
Correct. All pages with trustee and co-trustee signatures notarized.
Edit to add… this includes schedule “a” - inventory. I listed my receiver and in a comments box put: “Pending BATFE Approval”
Got my stamp in Jan. 2013.
Thanks this trust gets kind of confusing I appreciate it
Be warned. Some RLTs, like mine, also have references to Schedules B or C. If so, you must also send those, even though they may have no property listed on them.
I sent in only Schedule A and got a friendly note requesting to see the other schedules as well. Each trust is different, so know yours and submit accordingly.
I made mine on quicken will maker, I am the only trustee and I only have a shcedule A I am having my lawyer look over it before i send it in.
Per my conversation 2 weeks ago with an examiner on a hold, anything referenced in the Trust must be sent in. I never sent in a Schedule “A” on three previous transfers, but I had to this time.
They are continually refining the Trust requirements. Expect at some point (not yet) prints and photos on all Trust officers with access to the item.
Yeah I made the trust to avoid finger printing and photos once they require the prints and photos for the trust i might as well go to my sheriff he is pretty good at signing off.
A trust will still have benefits and not require a CLEO letter, it will just be a little more cumbersome.
Not to mention the fact that family members can use your NFA items while you are not at home with them.
i.e. My wife using a SBR for home defense when I am not there. If I had went the individual route she could not use it.
Interested to see what the lawyer says…. And even more importantly the ATF that you are the sole trustee.
Do you have beneficiaries? If you are the only trustee there is no one to “administer the trust” for beneficiaries.
For example. I am the settlor, my wife, father, mother, sister and brother in law are all trustees. My wife is primary beneficiary, with father and mother conditional beneficiaries (which will eventually become my kids).
Originally I was only going to have my wife, father and mother as trustees. But the lawyer drafting my trust said it would be better to have more trustees in case my wife and I both died at the same time, there needed to be a third party of trustees to administer the trust to the beneficiaries (my parents).
Declaration of Trust
Part 1. Trust Name
This revocable living trust shall be known as the Erik Anthony Hill Revocable Living Trust.
Part 2. Declaration of Trust
Erik Anthony Hill, called the grantor, declares that he has transferred and delivered to the trustee all his interest in the property described in Schedule A attached to this Declaration of Trust. All of that property is called the “trust property.” The trustee hereby acknowledges receipt of the trust property and agrees to hold the trust property in trust, according to this Declaration of Trust.
The grantor may add property to the trust.
Part 3. Terminology
The term “this Declaration of Trust” includes any provisions added by valid amendment.
Part 4. Amendment and Revocation
A. Amendment or Revocation by Grantor
The grantor may amend or revoke this trust at any time, without notifying any beneficiary. An amendment must be made in writing and signed by the grantor. Revocation may be in writing or any manner allowed by law.
B. Amendment or Revocation by Other Person
The power to revoke or amend this trust is personal to the grantor. A conservator, guardian or other person shall not exercise it on behalf of the grantor, unless the grantor specifically grants a power to revoke or amend this trust in a Durable Power of Attorney.
Part 5. Payments From Trust During Grantor’s Lifetime
The trustee shall pay to or use for the benefit of the grantor as much of the net income and principal of the trust property as the grantor requests. Income shall be paid to the grantor at least annually. Income accruing in or paid to trust accounts shall be deemed to have been paid to the grantor.
Part 6. Trustees
A. Trustee
Erik Anthony Hill shall be the trustee of this trust.
B. Trustee’s Responsibilities
The trustee in office shall serve as trustee of all trusts created under this Declaration of Trust, including children’s subtrusts.
C. Terminology
In this Declaration of Trust, the term “trustee” includes successor trustees or alternate successor trustees serving as trustee of this trust. The singular “trustee” also includes the plural.
D. Successor Trustee
Upon the death or incapacity of Erik Anthony Hill, the trustee of this trust and of any children’s subtrusts created by it shall be **** . If Leigh*** is unable or unwilling to serve as successor trustee, ****** shall serve as trustee.
E. Resignation of Trustee
Any trustee in office may resign at any time by signing a notice of resignation. The resignation shall be delivered to the person or institution who is either named in this Declaration of Trust, or appointed by the trustee under Section F of this Part, to next serve as the trustee.
F. Power to Appoint Successor Trustee
If no one named in this Declaration of Trust as a successor trustee or alternate successor trustee is willing or able to serve as trustee, the last acting trustee may appoint a successor trustee and may require the posting of a reasonable bond, to be paid for from the trust property. The appointment must be made in writing, signed by the trustee and notarized.
This is just the first page but th *** represent other names of other people to handle the trust if I die does that make them trustee’s?
sorry i have raid about trusts but I am not the best at deciphering legal talk :blink: