Information on setting up a gun trust for inheritance/transfer from calif.

[Rumblemonkey]

I have been trying to fine tune my affairs, and am looking at bequeathing my firearms to my Nephew-in-law who lives in VA 22030. I am in San Diego Calif, and have been considering a Gun trust, to ease the complications of getting him these firearms after I pass. I am not looking at using this for purchasing any NFA type items, just as a inheritance lubricant. My niece is the executor of the estate, but I did not specifically include her husband as the beneficiary of these. He is not prohibited from ownership in any way.
Has anyone set up a gun trust for something like this? Does anyone recommend any specific business for this? Can online be trusted? (Pun intended!) I am just trying to keep it simple, cheap, and assure legal hassles are minimal for them.
Thanks in advance!

[jben]

I don't know if this link will work for you. There is a member called guntrust. He started many discussions about gun trusts. Search his threads for a lot of information on trusts.

https://www.calguns.net/search?searchJSON=%7B%22authorid%22%3A%5B%2236166%22%5D%2C%22channel%22%3A%222%22%2C%22exclude_type%22%3A%5B%22vBForum_PrivateMessage%22%2C%22vBForum_Channel%22%5D%2C%22starter_only%22%3A%221%22%7D

[OlderThanDirt]

If your daughter is the executor, it sounds like you have a will and your estate will go through probate. This means the government will be involved in the distribution of your property. I have been an executor and trustee for different estates, and being a trustee is much easier.

Presumably your will leaves your estate to your niece and others? Guns are just stuff/assets that are to be divided amongst the beneficiaries according to a distribution plan prepared by the executor and approved by the court. The distribution plan lists the major assets like real estate, automobiles, bank accounts, and a category for miscellaneous household items. Unless you have a really valuable firearm, it would fall into the miscellaneous household category along with your tools, dishes, clothes, etc. Specific bequests are separate, but would be listed in the distribution plan, so I would avoid listing firearms.

Either way, your niece as executor or trustee would have the legal authority to transfer your firearms according to applicable federal, state and local laws. In probate the judge will approve a “letter of testamentary” which provides proof that your niece has the authority to distribute your property, pay bills, banking on behalf of your estate, etc. For a trust, she would use the “Certificate of Trust” from your trust and an original death certificate. It’s that easy…

[Rumblemonkey]

Thanks for info. We have a trust, so maybe I am mistaken about my neice being exectutor vs trustee. Good to know, I will double check.

[Rumblemonkey]

So if federal law allows a legal exectuor transfer with no FFL, and the state does not..

[OlderThanDirt]

So if federal law allows a legal exectuor transfer with no FFL, and the state does not..

The executor is basically serving as you after you die and is subject to all applicable state and federal laws. The state does allow a modest period for your executor to transport and sell assault weapons.

[Rumblemonkey]

I don't have any AW, but I would have hoped for an easier path for the kids. Nothing is easy regarding this! I guess the best path is to have them come out, pick thru whatever, and drive it back. As trustee/executor I believe this would be a straight, legal path. Opinions?