2aHawaii

General Topics => Legal and Activism => Topic started by: dumass on April 02, 2014, 09:23:20 PM

Title: Heir of living trust
Post by: dumass on April 02, 2014, 09:23:20 PM
How would my firearms pass on to my son after I have passed? Firearms will be in my living trust.
Would they have to go thru an FFL? Any help will be greatly appreciated!! :shaka:
Title: Re: Heir of living trust
Post by: suka on April 02, 2014, 09:34:26 PM
All they need is to get a permit and register it in their name.
if it includes pistol(s)  they need to have  the required pistol class and wait 2 weeks to register the pistols. But since your son already has possession the 2 weeks is just paperwork.




HRS 134-2

.......
When title to any firearm is acquired by inheritance or bequest, the foregoing permit shall be obtained before taking possession of a firearm; provided that upon presentation of a copy of the death certificate of the owner making the bequest,.........
Title: Re: Heir of living trust
Post by: suka on April 02, 2014, 09:44:13 PM
Your son will bring in your Death Certificate and the whole collection of firearms to HPD.
Rifles and pistols.

Rifle are easy as for pistols they will examine the pistol (S/N, Cal,  etc) do all the paper work.....wait 2 weeks then retrieve the white copy of the registration receipt.
No need to take the pistol back to HPD.

Yes I have done the process before.
Title: Re: Heir of living trust
Post by: dumass on April 02, 2014, 10:02:46 PM
Your son will bring in your Death Certificate and the whole collection of firearms to HPD.
Rifles and pistols.

Rifle are easy as for pistols they will examine the pistol (S/N, Cal,  etc) do all the paper work.....wait 2 weeks then retrieve the white copy of the registration receipt.
No need to take the pistol back to HPD.

Yes I have done the process before.

suka,  mahalo    :shaka:
Title: Re: Heir of living trust
Post by: Tom on April 02, 2014, 10:14:27 PM
Can one create a gun trust in Hawaii and register the guns in the name of the trust?   Then they wouldn't need to be re-permitted after death.
Title: Re: Heir of living trust
Post by: suka on April 02, 2014, 10:21:25 PM

To the best of my knowledge, If the son was a trustee,  ownership is still the Trust.
Than transfers are not required.

HRS134-2 was written based on the average Joe.Thats where the lawyer comes into writing a good  Trust .
Title: Re: Heir of living trust
Post by: Jdelacruz on April 03, 2014, 05:55:30 AM
Is it easier to register them under a trust than a corporation?
Title: Re: Heir of living trust
Post by: suka on April 03, 2014, 05:58:12 AM
Corp req's yearly corporate taxes in most states. Its basiclly a company = accounting and business tax.
Trusts do not require yearly taxes.
Title: Re: Heir of living trust
Post by: dumass on April 03, 2014, 07:43:46 AM
To the best of my knowledge, If the son was a trustee,  ownership is still the Trust.
Than transfers are not required.

HRS134-2 was written based on the average Joe.Thats where the lawyer comes into writing a good  Trust .

Interesting, I will talk to my attorney about putting my sons name on the trust.
Title: Re: Heir of living trust
Post by: Tom on April 03, 2014, 08:31:40 AM
Interesting, I will talk to my attorney about putting my sons name on the trust.

Please keep us posted on what your attorney says.  If this is possible, it is very appealing.
Title: Re: Heir of living trust
Post by: suka on April 03, 2014, 02:09:43 PM
Might as well add some NFA clauses to the trust .
Since AOW and DD are allowed in Hawaii.

Title: Re: Heir of living trust
Post by: dumass on April 07, 2014, 08:59:01 PM
Interesting, I will talk to my attorney about putting my sons name on the trust.

I talked to my attorney bout putting my sons name on the living trust as a trustee. She does not recommend it  as if my son should get married and ended up divorced, she would be entitled to half of his share....F*^#  that....
Title: Re: Heir of living trust
Post by: suka on April 07, 2014, 09:12:40 PM
I talked to my attorney bout putting my sons name on the living trust as a trustee. She does not recommend it  as if my son should get married and ended up divorced, she would be entitled to half of his share....F*^#  that....
Draft a Prenup
Trust off limits to spouses.