TaxMonkey
Level 8
12-06-2019
05:21 PM
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"my husband's trust" - covers a lot of ground and doesn't provide any indication of what type of trust it is which would be required to reach a final conclusion.
"she...sold the home" - do you really mean the Trust sold the home? Presumably she cannot sell something that she doesn't own.
1.121-1(c)(3) governs when trusts can take the 121 exclusion - it boils down to grantor trusts. No knowing the actual facts regarding this trust, hard to comment further.