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Level 5
December 6, 2024
Question

Testamentary trust.

  • December 6, 2024
  • 7 replies
  • 53 views

If you had a testamentary trust.  You could not elect 645 and file the trust with the estate under the same Tax ID?   If so, do you file 2 returns or do you just file the trust return while probate is going on? Trust came into effect at death? 

 

if you do estate, then does that transfer to a trust?  What about the terminal deductions from the estate?  

Would you ever have an estate final year and then a trust final year years later?   


Or would you have a decedent income tax return and an estate tax return then continuing with a trust 1041?

 

7 replies

Level 15
December 6, 2024
No text available
Level 5
December 6, 2024

Thank you,

I thought a testamentary trust was not a Qualified Revocable Trust to elect 645 because it doesn’t come into existence until death. 
if that is the case do you have to start right away and file a 1041 for the trust?   Other wise how would the estate return terminate and distribute into the estate?   Doesn’t the terminal deductions go to the beneficiaries?  

Level 5
December 6, 2024
No text available

Thank you!   I was surprised you could do it twice.