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Clients mother and father had a revocable living trust.

Clients mother and father...

Clients mother and father had a revocable living trust. Father dies years ago, mother just passed away. I need an EIN for the trust. Does the trust now become an Irrevocable trust with the trustee as the responsible party? or does it remain a revocable trust with the trustee as responsible party. I think that it should become the Irrevocable trust, but I am not positive.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

OH

Lawyer's Assistant: What documents or supporting evidence do you have?

I don't even have the trust doc yet. Financial planner is needing the EIN as soon as they can get it....

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so

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Answered in 5 minutes by:
6/2/2017
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,215
Experience: 30 years experience in the practice of estate law.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Once the trustor dies a revocable trust does indeed become irrevocable.

You do need an EIN and the trustee has the fiduciary burden of administration.

You can apply for and receive an EIN online at the following link:

EIN APPLICATION

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Customer reply replied 1 year ago
What is the date that the trust is funded? Is it the beginning date of the revocable trust or is it the date of death, when the trust becomes the irrvocable trust?

The funding is the date the assets were transferred to the trust.

If a couple sets up a revocable living trust in which both spouses are grantors of the trust, the specific language within the trust will dictate whether the trust becomes irrevocable upon the death of one of the spouses.

Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,215
Experience: 30 years experience in the practice of estate law.
Verified
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