Facts:
Revocable Trust was set up by husband and wife on 12/19/2001, which included their personal residence.
Wife, Grantor, passed away in 2018.
Husband, Grantor, was declared incapacitated in Jan 2022.
House was sold on 7/12/2022 and TIN was obtained by Trustee.
Questions:
When is the Trust considered an "Irrevocable Trust"?
Can the Trust use a 6/30/2023 tax year based on the date the TIN was obtained?
Does the House receive a stepped-up tax basis for Tax Purposes?
Thanks!
Probably the wife's portion became irrevocable upon her death.
Husband's portion becomes irrevocable upon his death.
Trusts have to use calendar year.
Probably 1/2 the basis of the house gets stepped up to FV as of wife's date of death.
Consult with the attorney.
Community property rules would change my "probably" answers.
You have clicked a link to a site outside of the Intuit Accountants Community. By clicking "Continue", you will leave the community and be taken to that site instead.