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Level 5
December 6, 2024
Question

Testamentary trust.

  • December 6, 2024
  • 1 reply
  • 7 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?

 

1 reply

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 15
December 6, 2024
No text available