When Can a Successor Trustee File a 1041 to Generate a K-1 form?

[PJhiker]

Here is my scenario. My dad died in August of 2021. He had a Trust and my brother is the Successor Trustee. There was pretty much only a house to be sold and split between my brother and I. That house was sold in May of 2022 and my brother sent me a check for my half in May of 2022. After that he stated he had to wait to get his work W-2 form and do his taxes to file the 1041 form that generates the K-1 form I need for my taxes. Is that accurate or could he have filed a 1041 form at any point in 2022 to generate the final K-1 form I need for my taxes? Did he have to wait until 2023 like he said? Keep in mind he filed the 1040 that generated the 1099-S form already in 2022 after the house was sold.

[PJhiker]

Ok, so little confused on this. Did the Trust officially close when he paid me my portion and he filed the 1040 and received the 1099-S? Does the 1040 generate the 1099-S like I think? And, if that is the the official close date your'e saying he should have filed the 1041 4 months after that official date which would be in Sept. of 2022 because that is 4 months after May? Or, because the tax year is 2022 he does have until 2023 until he can file the 1041 to generate the K-1 form? 

[PJhiker]

Ok, yes the 1099-S was issued to the Trust as it was in the Trust's name. So it does sound like he has until April of 2023 (this year) to actually file the 1041 from what I am gathering correct? 

[PJhiker]

So I guess I should file for an extension in case?

[PJhiker]

Not too large. But, my brother is doing everything he can to make my life hard. Here is a question. Could he have filed the 1041 in 2022 and generated a final copy of the K-1 and gotten it tome, regardless of his W-2 and meeting with a tax pro in early 2023?

[PJhiker]

So, him saying he could not do it until 2023 when he got his W-2 is a load of crap then right? He could have gotten the K-1 form to me in 2022 after everything was official on selling the house and he distributed me my funds? Also, he never opened a bank account for the Trust and wrote the check to me from his own personal account once the house sold. Was that legal for him to do it like that?

[PJhiker]

But, is not his fiduciary duty to issue the K-1 in timely manner? He has an obligation to maximize my benefit as the beneficiary and communicate with transparency on relevant topics like this so I can arrange for a tax pro meeting right? 

Also, How do you file for an extension beyond the April 18 deadline electronically? I've never done this and how long does the extension go to? is it done at the IRS site or can I do it on Turbo Tax? It says something about doing it through Direct Pay on the IRS and estimating my payment to do it?