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In the 90s my mother drew up a living revocable trust, The

In the 90's my mother...
In the 90's my mother drew up a living revocable trust, The Jane Doe living trust as restated May 7, 2005, with me ,her daughter,as Co-Trustee. She recently passed and I have been given two different opinions about what the legal name of the trust should be now for legal and business purposes. My lawyer filled out the form to get the EIN number and when the IRS sent back its form SS-4 one cornor had the EIN number in it and the other had a different name for the trust- The Jane DOe IRRV TR as restated May 7, 2005
Mary Doe TTEE (me)

My lawyer took that trust name from the IRS form and put on the Certificate of Trust, the Jane Doe IRRV TR as restated, May 7,2005 as the now official name of the trust to be used in trust transactions

The second lawyer said without a signed document changing the name of the trust That the IRS IRRV trust name is XXXXX XXXXX as a working title for the trust now that my mother is passed. It should remain the Jane Doe Living trust as restated May 7, 2005. I need to start dealing with the trust immediately and even transfer a piece of property so I don't want to have an incorrect name assigned to the trust and sign a land transfer as the trustee of the "wrong trust" and if I did what would be the repercussions. It like me that this seems like trust 101 but I have 2 differnt opinions and I have no reason to know the answer..Also does the fact that I have been a co trustee affect this.
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Answered in 5 minutes by:
10/27/2013
Nate
Nate, Attorney
Category: Estate Law
Satisfied Customers: 10,686
Experience: Over 10 years of legal estate experience.
Verified
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

It appears the IRS made an error in returning the EIN. I suggest you simply resubmit for an EIN with the proper trust name (the name it originally had). That will resolve the issues and allow for you to transfer the property.

You don't need a lawyer to get a new EIN. You can do that yourself here

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-(EIN)-Online

That other EIN is invalid because it applies to a trust that does not exist. Just ignore it and reapply through the link above.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
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Customer reply replied 4 years ago


I can't believe the IRS made a mistake. It should have sent back what name? The Jane Doe living trust as restated 2005 or the Jane Doe IRRV living trst as restated 2005. Why did my lawyer not know that it was a mistake. I know you can't answer that but this could have been a real problem with the IRS as the cause. What would have happened if I had used the EIN number and their trust name?

The IRS is full of mistakes.

If the form was submitted incorrectly or the IRS returned it incorrectly, it doesn't much matter. Getting an EIN is honestly, not a really big deal.

The easy thing to do is to get another EIN online from the previous link we provided. Just ask for an EIN of the trust as it currently exists. As long as it all matches everything will legally be okay.
Nate
Nate, Attorney
Category: Estate Law
Satisfied Customers: 10,686
Experience: Over 10 years of legal estate experience.
Verified
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Nate
Nate
Nate, Attorney
Category: Estate Law
Satisfied Customers: 10,686
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