Gun Trust Planning

Posted by Michael HillerSep 14, 20240 Comments

If you live in Texas, then you likely know Texas has a powerful relationship to its guns and gun owners. And you probably also know that there is an ongoing, hotly-contested national debate about guns. Last but not least, you also know that this controversy has become more heated as more mass public shootings occur, particularly in schools. Because school shootings kill and seriously injure our children and teachers, even some conservatives are saying that something must be done. The question is, what?

This blog is not about the controversy but rather to introduce the subject of Gun Trust Planning. Hiller Law has recently expanded its estate planning department, but gun trust planning is essential in estate planning and divorce. For example, one of our recent cases had over 100 guns owned by the parties. Before that case is over, the parties will need to determine who owns the guns, whether any of the guns are regulated by federal or state law, and if guns are awarded to each of the parties, whether they can legally own any or all of those guns. Finally, it's crucial that when each party is doing their estate planning, they consider gun trust planning. By the way, I always referred to gun trust as gun trust planning, not gun trust alone. Unfortunately, most lawyers refer to gun trust as if you can sell a document And know that the plan will work. We do gun trust planning at Hiller Divorce and Estate Planning but do not sell gun trust documents. For example, if you were to buy a gun trust document from a document website, you wouldn't know if that gun trust document would work. Whether you hire us to do your gun trust planning or someone else, you should make sure that the plan will work for you, your family, and the guns that you own.

This is a subtle but essential distinction. When you purchase a document, whether from a law firm or a document website, there is no planning involved, and it will probably not work for you, your family, and your possessions. When you hire a law firm to counsel you appropriately and plan properly, the result will be documents that work. With guns in particular, your divorce or estate planning should be handled by a lawyer who knows his subject matter and can make sure your firearms are owned properly - by anybody who is awarded, takes possession of, or owns them now or in the future.