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HELP! I lost my original trust documents.

Posted: Fri Jun 03, 2016 6:39 pm
by reelman1
Not sure how I lost them as all my copies of them and original tax forms were in the folder in my safe but the signed and notorized original is not there.

If I form a new trust can I just add the NFA property to the new trust? The NFA forms with the tax stamps would have the original trusts name on it, not the new ones, would this be a problem?

Re: HELP! I lost my original trust documents.

Posted: Fri Jun 03, 2016 7:07 pm
by quiettime
Forming a new trust would require form 4's for all your items as that would be a transfer.

Original has to be somewhere. Still in the scanner from when you made copies?

Re: HELP! I lost my original trust documents.

Posted: Fri Jun 03, 2016 7:19 pm
by reelman1
Unfortunatly I didn't scan it, and even if I did that computer and printer are long gone. I'm buying a new supressor and need a copy of the original to send to the BATFE, do you think I might be able to get a copy of it from them since I had to send it to them when I bought my other stuff?

Re: HELP! I lost my original trust documents.

Posted: Fri Jun 03, 2016 8:55 pm
by RPM509
Contact your lawyer who set it up.
Does your state require you to file a copy with them?

Re: HELP! I lost my original trust documents.

Posted: Fri Jun 03, 2016 9:21 pm
by reelman1
My state (WI) does not require them to be on file and I made the trust at the dealer on his quickens software, that dealer is no longer in business.

Re: HELP! I lost my original trust documents.

Posted: Fri Jun 03, 2016 10:41 pm
by CanOfWhooppass
http://www.nolo.com/legal-encyclopedia/ ... er7-9.html

I think you can fix this with a lawyer and copy of the old trust.

Re: HELP! I lost my original trust documents.

Posted: Sat Jun 04, 2016 4:04 pm
by tf2addict
CanOfWhooppass wrote:http://www.nolo.com/legal-encyclopedia/ ... er7-9.html

I think you can fix this with a lawyer and copy of the old trust.
Isn't the problem that he DOESN'T HAVE a copy?!

Re: HELP! I lost my original trust documents.

Posted: Sat Jun 04, 2016 10:48 pm
by CanOfWhooppass
Sorry, I thought he had copies but no original.

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 05, 2016 7:10 am
by Kanook
tf2addict wrote:
CanOfWhooppass wrote:http://www.nolo.com/legal-encyclopedia/ ... er7-9.html

I think you can fix this with a lawyer and copy of the old trust.
Isn't the problem that he DOESN'T HAVE a copy?!
reelman1 wrote:Not sure how I lost them as all my copies of them and original tax forms were in the folder in my safe but is not the signed and notorized original here.
It appears he has copies, not the original.

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 05, 2016 9:59 am
by LawBob
You only need the copies for your purchase.

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 05, 2016 10:02 am
by LawBob
Just re write the trust word for word. You can make a few alterations. Reference the original trust.

The restatement of trust is the same trust name

http://info.legalzoom.com/restate-livin ... 27195.html

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 05, 2016 10:06 am
by LawBob

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 05, 2016 2:42 pm
by reelman1
Sorry for the confusion. I have copies of the trust documents that I printed when I did the trust on Quickens but not copies of the signed and notorized sheets.

Since I had to send in a copy of the signed trust to the BATFE when I purchased items before do you think that if I contacted them they might have a copy they could send me?

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 05, 2016 5:59 pm
by 1rflman
I would suggest writing a polite letter explaining your situation to the ATF NFA branch requesting copies of the signature pages of your trust and include a check for $1 per page... worth a try.

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 05, 2016 7:36 pm
by pdsmith505
Since you effectively wrote it yourself anyways, just "restate" the trust, pay a couple bucks to have it notarized, and go on with life.

While you are at it, add/remove trustees/beneficiaries as you see fit.

Re: HELP! I lost my original trust documents.

Posted: Mon Jun 06, 2016 12:07 am
by LawBob
1rflman wrote:I would suggest writing a polite letter explaining your situation to the ATF NFA branch requesting copies of the signature pages of your trust and include a check for $1 per page... worth a try.
He had copies. Why write the atf for copies of copies.

Re: HELP! I lost my original trust documents.

Posted: Mon Jun 06, 2016 12:07 am
by LawBob
pdsmith505 wrote:Since you effectively wrote it yourself anyways, just "restate" the trust, pay a couple bucks to have it notarized, and go on with life.

While you are at it, add/remove trustees/beneficiaries as you see fit.
Yes. See my links above.

Re: HELP! I lost my original trust documents.

Posted: Mon Jun 06, 2016 9:49 am
by reelman1
LawBob wrote:
1rflman wrote:I would suggest writing a polite letter explaining your situation to the ATF NFA branch requesting copies of the signature pages of your trust and include a check for $1 per page... worth a try.
He had copies. Why write the atf for copies of copies.
BEcause I don't have copies of the signed and notorized sheets.

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 12, 2016 9:42 am
by Vividia
I recently had a restatement of my trust done. Original trust was done in 2014. The title of the new one contains the word "restatement" and the beginning paragraphs reference the original document and clearly state that the trust is in still in force and in continuous existence.

If i were you i would not use one of the quickie online or "gun shop counter" templates. I would contact an attorney, or someone like Aaron Baker at Kentucky Gun Trust Lawyer to be sure the language is absolutely correct. IMO this is too important to take a chance.

Good luck!

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 12, 2016 1:49 pm
by mars
revocable living trusts are meant to be changed. reprint it from your file. make a minor change or two and get it notorized.

Re: HELP! I lost my original trust documents.

Posted: Sun Jun 12, 2016 8:18 pm
by reelman1
Thanks for the help guys. I contacted the BATF and they said they could not send me a copy without filling out a freedom of information request which I'm not going to mess with. What I did was just have copy of it notorized and we will see how that works.