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What Happens If You Lose Your Original Gun Trust Paperwork?

What Happens if you lose your original gun trust paperwork and how can you replace it?  You might have misplaced your original gun trust or possibly included your original gun trust into the ATF with your tax stamp application.  In either case you have a few options to replace your original gun trust.  It is worth noting that if you submit your original gun trust to the ATF with your tax stamp application the ATF will not send your original gun trust back to you.  This means that is important to never include your originally notarized, signed and dated gun trust with any of your tax stamp applications.  If you have lost your original gun trust paperwork you have a few options below.  

  • Notarize, sign and date a copy of your original gun trust paperwork:  If you have a copy of your original gun trust paperwork that isn’t notarized, you can notarize, sign and date that copy of your trust.  You might also have copies of your original notarized, signed and dated gun trust paperwork too.  You can continue to make copies of that gun trust paperwork to use for your future ATF tax stamp applications. 
  • Contact the original attorney or company that created you gun trust paperwork:  You can try to reach out to the attorney or the company that created your original gun trust paperwork to see if they can assist you with getting a copy of your original gun trust paperwork. 
  • Contact your co-trustees from your gun trust (if any):  If you have added co-trustees to your gun trust paperwork at the time of creation or through an amendment, you might have given a copy of that gun trust to them to use for transportation, storing or to use the contents of the gun trust when you aren’t physically present.
  • Contact the successor trustee/beneficiaries from your gun trust:  You might have given a copy of your notarized, signed and dated gun trust paperwork to your successor trustee or beneficiaries to inform them of the creation of your gun trust, the terms of the gun trust and their responsibilities within the gun trust. 
  • Restate your gun trust paperwork:  You can restate your gun trust paperwork if you have lost your original gun trust paperwork.  This would also be beneficial if your lost gun trust paperwork was created pre-ATF 41F or if you want to change the original terms of your gun trust paperwork to ensure your wishes are carried out correctly.  You can learn more about our gun trust restatement services here.   

Note:  If your original gun trust was created pre-ATF 41F it would be worth revisiting your trust to make sure your trust is compliant with the current ATF regulations.  If your trust is a revocable gun trust you can amend your gun trust or restate your gun trust to bring your trust up to date with the current ATF regulations. 

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