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Level 2
posted Jan 20, 2022 11:41:49 AM

Form 56 with Trust, Valid Will, and no court proceedings

Good morning! 

 

I am working on Form 56 and having difficulty figuring out the correct option for Section A Authority.

 

My mother recently passed away and her revocable trust became an irrevocable trust.  She also has a valid will.  There were no court proceedings. 

 

I am the trustee on her trust and the executor on her will.

 

My understanding is that I need to file 2 versions of Form 56.  One as the trustee for the trust's tax returns, where I will choose Option E  (valid trust instrument and amendments).  The second will be for my mother's final tax return. 

 

It is the second Form  56 that I am unsure about.  Option 1a doesn't fit because there wasn't a court appointment.  Option 1b doesn't fit because there was a valid will. Option C isn't appropriate for this situation at all. Option 1d doesn't fit, again, because there was a valid will.  Option 1e is for trusts and I think is not the right choice because this is for a person.  Option f doesn't fit because it is for bankruptcy.   Option g is other.

 

Would this be other?  If so, any suggestion on the details (or do I just state what I have stated here)?  Do I use her date of death as the date of transfer of assets/date of assignment?

 

I am grateful in advance for any assistance you can offer.

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1 Replies
Level 15
Jan 20, 2022 11:53:46 AM

"Other" will work and you can include the pertinent details such as the fact that there is a valid will in which you have been named the executor and the date of death.