Planning for gun owners is extremely important, because the transfer of firearms invokes many laws and procedures that are not involved in estate plans that do not involve firearms and gun owners. Alex Kincaid Law understands firearms and the needs of gun owners. We are well-versed in possession, transfer, and criminal laws pertaining to firearms. We understand that not all family members may be gun savvy. Our specialized gun-owner planning ensures that your loved ones have a guide book for dealing with your firearms, and we prepare private plans that keep the court out of your affairs.
When gun owners become incapacitated, it is imperative that their planning include a system that will not cause them to become “adjudicated a mental defective,” which will cause them to lose their right to keep and bear arms. You do not need to lose the right to defend yourself and your home simply because you may need assistance paying bills and balancing your checkbook. Our streamlined, private plans protect your privacy and ensure that your family retains the right to keep and bear arms.
If you do become incapacitated, rather than entrusting the government with the power over deciding who will be appointed as your guardian or conservator, and how you should be cared for, and how your assets (including your firearms) will be dealt with, and hoping the government does the right thing, you dictate all of these terms when you create a trust. If you become incapacitated, you do not have to leave your personal affairs to the government to figure out through the public (meaning not only that you have access to the public court, but because it is public, everybody has access to you) and inefficient court system. The same is true upon death. Why leave a Last Will & Testament (which must be submitted to the court when you die) and allow a judge you do not know to oversee what happens to your assets, when you can create your own system via a trust instead? With a properly constructed trust plan, you have created your own plan for incapacity and death, and the people you choose can step in and follow your plan when something happens to you. That is what should happen, and that is exactly what a properly constructed gun trust should do as well.