@tagteam The Trustee is now relooking it over.... they last theoretically reviewed it in 2015. They are not providing any laws as to why they claim it is a grantor trust.... it is not a special needs trust which is an exception (special needs trusts are in essence non-grantor but get reported as grantor trusts, issue is that still favorable treatment for SNT's? as there is a break even when treating as it's own entity and getting to claim expenses subject to higher tax rates can be better than treating as a grantor trust)..... Their legal team can't get back to me till after tax season. I hired someone to look over the trust agreement, they also agree that it should have been treated as a non-grantor trust all these years and that the Trustee messed up... They said it it could be a defective grantor irrevocable trust.... now I need to read about those but, I highly doubt the attorney set it up in 1985 that way!
**I don't work for TT. Just trying to help. All the best.
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**Mark the post that answers your question by clicking on "Mark as Best Answer" I am NOT an expert and you should confirm with a tax expert.
