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Level 7
October 5, 2022
Solved

Revocable trust

  • October 5, 2022
  • 1 reply
  • 9 views

Client set up a revocable trust for wife as beneficiary. He died 3 years ago. Revocable trust used wife's SSN and had no income. Now (in 2022) their house will be sold for $600K. Lawyer does not know (!) whose SSN or EIN will be on 1099-S document. Should I get an EIN number for the (now irrevocable) trust just to be on safe side in case I have to file a 1041?

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Best answer by sjrcpa

My understanding was that the deed on the house was totally in his name before he deeded it to the trust. But, yes, if jointly owned, then only half is stepped up. I was thinking that widow's medical expenses are so high (she is 90 and has dementia) that nursing home and nursing care would wipe out any capital gain.


Yes full step up if it was his house that was transferred to the trust.

Yes she could absorb a capital gain if she has huge medical bills.

Is this the only thing in the trust, such that the sale of the property and distribution of the proceeds will terminate the trust?

Hint - pay the accountant fees before distributing.

1 reply

sjrcpa
Level 15
October 5, 2022

"Lawyer does not know (!) whose SSN or EIN will be on 1099-S document"

If there's no EIN, it can't be used on a 1099-S.

Is the house titled in the name of the trust? Who will be listed as seller(s) on the Settlement Sheet? The lawyer will know that.

The more I know the more I don’t know.
GretaAuthor
Level 7
October 5, 2022

Ugh, this lawyer is useless. My understanding from the daughter is that the house is titled in trust. But when he died, the trust became irrevocable, and should this lawyer who prepared the revocable trust applied for an EIN?

BobKamman
Level 15
October 5, 2022

Who is the (successor) trustee?  The wife?  Then she was responsible for applying for the EIN when she inherited the job.  In my jurisdiction, she would also have been responsible for recording a notice of change in trustee and beneficiary within 30 days of the husband's death.  

Trusts are like used cars.  The guy who sold it to you isn't responsible for changing a flat tire five years from now.  Keep in mind that 20% of lawyers graduated in the bottom fifth of their class.  Many of them end up marketing cookie-cutter estate plans, and handling real estate closings in states that are backwards enough to still be doing them that way.