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Moving a trust between states

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https://sigforum.com/eve/forums/a/tpc/f/380105858/m/2690072005

April 23, 2023, 08:28 AM
Killer Instincts
Moving a trust between states
Has anyone done this? The new state (WY) is NFA friendly and shares a border with my current state of residence (CO).

My WAG is that I just change addresses as appropriate, file the trust in the new state, and go from there. Do I need to notify the ATF - or worse, ask for permission?

Not looking for professional legal advice here, just hoping someone on the forum has gone through the process and may have some insight.




April 23, 2023, 01:12 PM
mike56
Good question. I have a NFA Lawyer trust. I moved from AZ to SC. I did notify the ATF in writing and got an acknowledgement from them.
Have to contact NFA Trust and check myself.
April 23, 2023, 01:40 PM
DaBigBR
What do you mean by "filing" the trust?

I would start by looking at the new state's trust laws. Wyoming and Colorado are both uniform trust code states, so I would guess that you will be fine with just an address change.

The ATF requires you to notify them of address changes and you will need a 5320.20 for each item that isn't a suppressor.
April 23, 2023, 01:49 PM
Killer Instincts
DaBigBR, it is my understanding that the trust needs to be on file with the state of Colorado to be a legal trust in that state, perhaps not so in Wyoming. It's also possible that I was given incorrect legal advice on that front. I'll certainly investigate further.

Looking further into it, 5320.20 approval is needed prior to the move for anything other than suppressors. For suppressors, the 5320.20 can be sent after the fact. Easy enough.




April 23, 2023, 08:00 PM
DaBigBR
Got it. No filing in my state. That's why I asked.
April 24, 2023, 08:24 AM
DoctorSolo
You have to file in Colorado? I've not read that.
April 24, 2023, 12:50 PM
Killer Instincts
quote:
Originally posted by DoctorSolo:
You have to file in Colorado? I've not read that.


It appears I was indeed mistaken. Per 2016 Colorado Revised Statutes Section 15-16-101:

"Registration of a fully and presently revocable inter vivos trust shall not be required until such time as the grantor's power to revoke such trust has terminated, nor shall registration be required if all the assets of such a trust become then distributable outright to the beneficiaries."

So, no filing necessary here in CO.




April 24, 2023, 03:25 PM
DoctorSolo
Thank you for confirming! Good luck with the move.
April 24, 2023, 05:06 PM
Killer Instincts
No problem man. Thanks! It's always such a headache, but this should be the last one for quite awhile.