Living trust filing question

Forum|Forum|5 years ago
March 26, 2021
2 replies
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I am the successor trustee for a taxpayer with a living trust who died in mid-December after receiving all income for the year.

(1) Do I file a 1040 or 1041? (A paid tax preparer prepared a 1040, but I'm not secure that this is correct.)

(2) Do I use the taxpayer's SS# or the EIN for the trust, received after taxpayer's death?

(3) If I'm filing a 1040, how do I show the IRS that I am the trustee and have the right to sign the return?

Thank you.

Not A Product Question

Anonymous_

Level 15

A final 1040 needs to be filed for the decedent (which apparently has already been done).

The trust will need an EIN.

See https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

As successor trustee, you should file Form 56.

See https://www.irs.gov/instructions/i56

SCHUETZ1619Author

Level 2

Thank you so much. May I ask one more?

There will be no court-appointed personal representative as there will be no probate (trust). I have signed the return and indicated that I am the successor trustee. Is this correct? There is a refund due. Does this require further action on my part? Thank you again.

Anonymous_

Level 15

@SCHUETZ1619 wrote:

.....I have signed the return and indicated that I am the successor trustee. Is this correct? There is a refund due. Does this require further action on my part?

You might want to consult with a local tax professional.

However, assuming you are referring to the final 1040, you need to file a Form 1310 to claim a refund on behalf of the decedent. Further, you should sign that return with your name as "personal representative".

MRKJ

Level 2

It is 2022 and I came here for the EXACT same reason. Filing a 1031 with me as successor trustee but no recourse for the trust EIN to be granted the refund.