What Is A Georgia Gun Trust?
If you own guns in the state of Georgia, you may have questions about how to legally transfer ownership of those guns to your heirs. The simple answer is that you can set up a gun trust to make sure that your guns are transferred to your beneficiaries upon your death. But to make sure the guns are transferred properly and your heirs are protected, you’ll need to make sure the process is done properly so that those individuals are able to inherit legally under the National Firearms Act (Title II of the Gun Control Act of 1968).
Estate Planning for Guns and Firearms
The process of establishing a Georgia gun trust gives you some distinct advantages over other ways of transferring gun ownership. These advantages will relieve you and your heirs from much of the stress and hassle that could otherwise go along with passing on ownership of your guns.
Avoid transfer requirements
While there are still some transfer requirements associated with a gun trust and transfer, these are mitigated by the trust. Once you create the gun trust, many of the additional steps that your heirs might otherwise have to take in order to claim your guns will be resolved and upon your death, and the transfer takes place quickly. The guns included in a properly administered gun trust don’t have to go through the probate process.Co-trustees can use and possess guns
If the gun is registered to a gun trust it can be used and even owned by more than just one single person. People can be added to the trust by the settlor of the trust (the owner of the gun) and therefore the gun can be used by any of those people named on the trust.Protect against incompetency
If you are at any time legally or medically determined to be unfit to possess a gun, the trust will protect the ownership of the gun. You would not be able to retain possession of the gun, but it cannot be confiscated by legal authorities because there are other named owners of the gun. You, as the settlor, would then be able to instruct those individuals to take possession of the gun or would be able to have the gun sold for you and the money returned to you.
Are DIY Gun Trusts Legal in Georgia?
The short answer is yes, DIY gun trusts are legal. But a DIY gun trust could be setting yourself up for trouble without experienced legal counsel. You can create your own trust document and if it meets the state of Georgia’s requirements it will be considered valid. However, it’s generally a good idea to work with an attorney who can make sure that all of the regulations and rules are followed, and your trust is legally binding and protects you and your heirs.
How Do I Set Up a Gun Trust in Georgia?
The first step to set up a gun trust in Georgia is to contact an attorney. They will be able to go through the requirements for a gun trust as well as make sure that the people named in your trust are legally capable of taking possession of the firearm. They can also make sure that your document is legally binding in the event of your death or if you are declared incompetent to own a firearm.
Gwinnett County Gun Trust Attorney Jammie Taire
A gun trust drafted by an experienced attorney protects you and your heirs. With 20 years of experience in estate planning, trusts and probate, contact your trusted legal partner, Jammie Taire and the team at SmithTaire Legal.
Schedule an appointment with us today at 678-253-8133 to discuss your situation.