How does the name of an account at a bank or brokerage firm change from a 'revocable trust' to an 'irrevocable trust'. Do I get a form or once a person dies the account automatically changes? I am confused. I went to get an EIN number from IRS. they said I needed to fill out the form exactly as stated in the will and trust document. The will though calls it a 'revocable' trust. What do i need to call it 'irrevocable"? IRS man could not help me.
State/Country relating to question: Florida
Local lawyer- still confused. Called bank - no help. asked IRS - could not answer - told me to get a lawyer. IRS lawyer was even more confusing.
Just want to know the procedure to make the change. Everything is in the trust.
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.A trust goes from revocable to irrevocable upon the death of the settlor. It is basically an automatic occurrence. After the death of the settlor it needs to get its own EIN.The name of the trust is the XXXXX XXXXX Trust or whatever it is called in the trust agreement. If it started out as the XXXXX XXXXX Revocable Trust, on the date of death it is the XXXXX XXXXX Irrevocable Trust.
But to get Ein number IRS requests title of trust exactly as stated in trust document which would be, for example, XXXXX XXXXX Revocable Trust, dated September 1998. So what would I tell them? XXXXX XXXXX, Irrvocable Trust, dated September 19981998 OR XXXXX XXXXX, Irrevocable Trust dated (date of death) even though i have no legal document stating that since no probate necessary. I am so confused.
You can call it the XXXXX XXXXX revocable Trust under trust agreement dated July 1, 2012
You wrote XXXXX XXXXX Revocable Trust dated dated July 1,2012. Why Wouldnt i need a newcone Ein number cause the trustee died and it needs to now be called " Irrevocable Trust"? And is the date the day he died or the present day? Which would i use? THANK YOU!
The date of the trust is still the date of the trust agreement. That is the origin of the trust. The date of death is the date the trust became irrevocable, but the origin of the trust is still the date of the trust agreement.
I am sorry if i am not processing all this. My father's accounts all under XXXXX XXXXX, Revocable Trust dated September 24 1998. All accounts used his Ss#. As executor and cotrustee of his trust i have to obtain a new EIN number in order to settle and distribute his assets. The name this new EIN number and the new estate account should be set up under the original trust name or should it say Irrevocable Trust in the title ?
It can just say the XXXXX XXXXX trust under trust agreement dated 9/24/98. The trust itself does not change other than becoming irrevocable. You do not have to use the word revocable or irrevocable. By dying the trust automatically became irrevocable.
Oh ok! I think i got it. I obtained a new Ein number but i used the eord Revocable Trust in the title. I was told by several people including IRS lawyer that i was wrong. But when i asked how do i set it up correctly no one cosince they require the exact wording in the trust document no one could tell me. SO based on your advice the new EIN number i obtained under the original trust name is useable?
Over 25 years of practice.
THANK YOU! Thank you!!!
You are very welcome. If you have not done so already, please remember to leave a favorable rating.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).