What Are The Benefits Of A Gun Trust For Estate Planning In Norfolk, VA
As a former criminal prosecutor, I am aware of state and federal gun laws and what behavior constitutes criminal conduct. While working on estate matters for clients who had no estate plan or poorly drafted plan, I have come across situations where innocent people unknowingly violate gun laws and commit an “accidental felony.”
Consider, for example, a generic Will drafted by a father who intended to leave his entire firearms collection to his beloved son. Suppose that the son was convicted of a domestic violence offense in Norfolk, VA before his father’s death. The Will names the father’s other child, his responsible, hard-working daughter, as the personal representative (also known as an executrix). Like many children, she and her brother meet at their dad’s home to divide his personal belongings. During that process, the daughter follows her father’s wishes and gives all of the guns to her brother.
A Gun Trust Can Help Avoid Many Legal Entanglements In Norfolk, VA
This man drives the firearms across the country to his home in another state. The daughter did not have a clue that she and her brother have just committed multiple felonies. Even worse, many gun laws don’t require that the violator have knowledge of the criminal law violation: both the son AND the daughter in this case could be convicted of a federal crime and imprisoned. The poorly drafted will in this situation left no alternative gift to the son, did not name an alternate beneficiary to receive the guns, and did not in any way address the laws pertaining to the possession or transfer of the firearms.
If these firearms had been transferred to a gun trust, the criminal behavior would have been more likely avoided in Norfolk, VA, because the trust would have in black and white prohibited the transfer to the son and alerted any attorney and the personal representative to this fact. In other words, the criminal behavior could have been completed avoided by the properly drafted gun trust. There would have been no question that the son could not receive the firearms. The trust would have directed that the guns go to the father’s alternate beneficiary.
Gun Trust For Holding Onto NFA Or Class 3 Firearms In Norfolk, VA
Many clients contact me because they have read that gun trusts are useful tools to obtain and hold firearms regulated by the National Firearms Act (NFA) in Norfolk, VA. These firearms are also called “Class 3” by many gun dealers and “Title II” by those in the legal field. Sharing possession of NFA firearms through a gun trust is a wonderful benefit of a properly drafted gun trust. However, our gun trusts are designed to provide this benefit and even more: they are a legal gun safe that will alert unknowledgeable citizens and attorneys to the restrictions on the transfer and possession of firearms, they outline a plan for the gun owner’s death and also for the gun owner’s incapacity, and they create a dynasty trust for the gun owner’s children.
What Are The Benefits Of A NFA Gun Trust In Norfolk, VA
A firearms collection in Norfolk, VA may be the product of one spouse’s interest. The other spouse tolerates this interest, but does not care nearly as much about the items that have accumulated. Due to death or disability, the disinterested spouse or other family member may be forced to manage or distribute the collection. Because of the vast amount of federal and state regulations pertaining to both NFA and non-NFA firearms, a disinterested spouse may make a mistake as to the applicable laws. A violation of the applicable laws usually results in the commission of a felony.
Because an Alex Kincaid gun trust is designed with this scenario in mind, there are detailed instructions to guide a trustee in handling the assets as well as an overview of applicable laws and regulations.
The Advantages Of A Gun Trust Over A Living Will In Norfolk, VA
A firearms trust is also designed to allow for multiple users of the items held by the trust. This is in direct contrast to a standard revocable living trust in Norfolk, VA. The firearms trust specifically allows for any named trustee, successor trustee, and any named beneficiary to have the ability to use or possess the trust assets. There is even a provision that will deem any person that you are shooting with a beneficiary of the trust so that person will be in lawful possession of the trust firearms. The trust also allows for the formal appointment of beneficiaries for a limited duration with a set expiration date. These “automatic beneficiaries” and “limited duration beneficiaries” have no rights for inheritance unless they are also listed as a “remainder beneficiary” in the trust, so you can enjoy sharing your firearms without worrying that you gave away more than you intended.
A firearms trust in Norfolk, VA also has many standard trust features such as avoiding the probate process for the firearms and the public record that the court system will create. The trust creator has the ability to create and update a tangible personal property memorandum, which grants different people specific items of a collection.
What Does a Properly Drafted Gun Trust Look Like In Norfolk, VA?
When properly written, gun trusts are powerful asset protection and estate planning tools in Norfolk, VA. A well-drafted gun trust will achieve the following for the gun owner who creates the trust:
1) Ensure that friends and family can lawfully possess and transfer trust-owned firearms during the gun owner’s lifetime;
2) Create a private plan that completely avoids the court system for all firearms if the gun owner becomes incapacitated or dies;
3) Eliminates most of the bureaucracy involved when acquiring NFA firearms;
4) Helps the successors and heirs to understand the gun owner’s desires related to all the trust-owned firearms;
5) Helps the ones you care about to comply with firearms laws when they possess or transfer the firearms;
6) Assists the gun owner to own firearms in more than one state; and
7) Ensures that neither gun owner nor any loved ones commits an accidental felony.
This Article Is Provided by Attorney Alex Kincaid
Self-Defense Legal Protection For Both CCW Permit Holders And Constitutional Carry
If you are going to pack a concealed gun for lawful self-defense, you need a legal service subscription plan.
In today’s litigious society, any citizen in the Norfolk, VA area that has a CC permit, carries a roscoe constitutionally, carries openly or uses any type of concealed firearm or taser in lawful self-defense, is at great risk that they will face trial, possibly even criminal prosecution if they use a roscoe or any roscoe for lawful self-defense. Even if the use of deadly force was justified in your mind and possibly even legally justified, court costs are a true reality one must be prepared to endure.
In protecting oneself during trial, whether it be in the civil courts such as a wrongful death lawsuit or a criminal case where you are accused of the use of excessive force or even homicide, court costs in all reality will more than likely be in the hundreds of thousands of dollars, if not more, even if found innocent and not guilty! Can you afford $500,000 in legal fees?
If you open carry or pack a concealed gun you must have a plan, and with all the various cooperatives selling different types of open carry self-defense plans and legal service subscription plans, you must do due diligence in your research. Did you know there’s a major difference between open carry self-defense plans and legal service subscription plans? Several of the cooperatives that sell true open carry self-defense plans cannot offer their services in all 50 states because of the different legislation concerning open carry self-defense plans whereas cooperatives that sell legal service subscription plans are allowed to sell their programs in every state, this would be exceptionally helpful if you are traveling with a CC permit under reciprocity with a neighboring state and then were involved in a lawful self-defense discharging run-in.
If you’re brawling for your life in the criminal justice system in Norfolk, VA, there are going to be out of pocket expenses that can equal or even exceed attorney fees. There will be things such as bail, hiring investigators to help with your case, various authorities, pre-trial discovery, just to mention a few of the areas that you need to make sure are covered by the cooperative that you choose to provide your comprehensive legal service subscription plan.
Another major item you must take into consideration when choosing the cooperative you want to work with is what are their limits of their backing in both personnel assigned to your case and monetary limits. There are actually some cooperatives that are very limited and others that have no limits, so doing your homework and due diligence in researching the best cooperative for your needs is of paramount importance.
One cooperative that we have found with some of, if not the best and most comprehensive coverage in Norfolk, VA, is the cooperative “CCW Safe”.