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Representing Sellers and Buyers of Homes and Other Real Estate Wills, Trusts, Living Trusts, Powers of Attorney and Other Estate Planning Law Offices of James B. Spina, Ltd. Experience Counts Serving the Chicago Metropolitan Area since 1979 |
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You have always taken care of your firearms, but what will happen to them when you are gone? Will they
I have personally seen surviving family members leave thousands of dollars worth of fine firearms at their local police station because they just do not want to deal with them. These guns are almost always destroyed – everything from grandpa’s favorite shotgun to priceless antiques – and precious family history is lost forever. These tragedies can be prevented with just a little planning. THE FIREARMS TRUST
As a responsible gun
owner, you can make sure that your guns go where you want them to go
after you are gone. Keep them in the family, or give them to
deserving relatives, friends or others who will appreciate them,
take care of them, and not misuse them.
The Firearms Trust provides for
you can revoke or change your Firearms Trust at any time.
You can try that, but think first. You probably want someone who has at least some understanding of firearms to deal with your guns after you are gone. That might not be the same person you want as your executor or to take care of your kids' money. Laws on gun transfer and ownership are a world apart from everything else. The Firearms Trust provides for situations that are unique to gun transactions. What off-the-shelf documents or software are going to cover those details and technicalities?
When they are subject to probate, firearms are considered at their
present value. You paid almost nothing for that old M1 Garand
in the closet or that Colt Cobra in the drawer, and for many of us,
that applies to quite a number of guns. If you have been
buying guns now and then over the years like I have, it is not
difficult to find yourself with a collection worth $10,000 or more.
A great deal of the costs in probating an estate are in direct
proportion to the value of the estate itself. The Firearms Trust can keep your guns out of court even if your estate ends up in probate. Never put a gun in front of a judge if there is any way to avoid it, especially in Northern Illinois; not even dad's deer rifle or his World War II souvenir Papa Nambu pistol. Many judges have been brainwashed to hate guns. You can almost hear them chanting their mantra, "Confiscate and Destroy! Another gun off the streets. Another innocent child's life spared." To this kind of judge, every gun is the "gun of choice" for one or another kind of killer. Forget the fact that no respectable, crack-crazed gas station robber will pull the job with a .30-06 Remington deer rifle, and if he did, he probably couldn't figure out how to work the bolt anyhow. Of course, he'd go for the more concealable Papa Nambu, but if he could find the obsolete 8 mm at all he would have to rob a gas station just to get enough cash to buy ammo, and even then he would be lucky if any of it actually fired.
HOW DO I GET THE FIREARMS TRUST? The easiest way is to call. You will talk with an attorney, Jim Spina, who knows and cares about guns. He can explain how The Firearms Trust works and answer all of your questions. There is no charge for this consultation.
WHERE DO I HAVE TO GO TO GET THE FIREARMS TRUST?
DO I HAVE TO MAKE A LOT OF DECISIONS?
1. You will need to decide who will get your firearms when you die. They can all pass to one person, in shares to a group of people (such as your kids), or each specific gun to a particular person.
2. You will need to decide who will handle getting your guns to the people who are going to receive them after you die. This is your Trustee. If possible, you should have someone else who can handle the job if your first choice cannot do it. You can list as many Trustees as you want in the order of your preference. Ordinarily, you will be the Trustee of your Firearms Trust while you are alive.
IS THERE A LOT OF PAPERWORK?
1. Describe the Guns. Each of your firearms must be described with specificity. That means that if one of yours was in a giant pile of guns, the description would be good enough to pick yours out and be absolutely certain that it was the right one. However, this is not rocket science. Example: Smith & Wesson Model 15 4-inch .38 cal. revolver, serial number xxxxxxx. That is far more than enough information to easily pick that particular gun out of a group. You should have a list like this whether you have The Firearms Trust or not.
2. Describe the People. Your Trustee and each person who will receive anything under your Firearms Trust must, like the guns themselves, be described so there is not trouble telling who they are. Name, current address, and relationship to you, if any, should be plenty of information.
WHAT IF SOMEONE I AM
LEAVING A GUN TO DIES BEFORE I DO?
DO I NEED WITNESSES IN ORDER TO SIGN IT?
WHO WROTE THE FIREARMS TRUST?
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_______________________________________________________ ALL INFORMATION ON THIS WEBSITE IS EDUCATIONAL IN NATURE. IT IS NOT LEGAL ADVICE IN ANY RESPECT. CONTACT YOUR ATTORNEY FOR ADVICE SPECIFIC TO YOUR NEEDS.
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Some communities served: Homewood, Flossmoor, Matteson, Lynwood, Olympia Fields, Glenwood, Park Forest, Richton Park, Lansing, Sauk Village, Beecher, Chicago Heights, South Chicago Heights, Steger, Country Club Hills, Tinley Park, Hazel Crest, East Hazel Crest, Thornton, Crete, Monee, Peotone, Markham, Calumet City, University Park, Wilmington, Manhattan, Calumet Park, Dixmoor, Dolton, Harvey, Phoenix, South Holland, Ford Heights, Robbins, Chicago, Illinois
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