papasmu1971
Level 3
12-07-2019
08:11 AM
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Last spouse in a marital trust passes away, who applies for the EIN.
What is the main advantage of the Marital Trust compared to the Living Family Trust
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George4Tacks
Level 15
12-07-2019
08:11 AM
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Here is my guess.
Spouse #1 dies and there was a Family Living Trust. A Marital Trust was established with Spouse #1's assets in it and it should have an EIN and it should have been filing return. (B of the A/B Trust) All of the income from the Marital Trust is generally distributed to Spouse #2
Spouse #2 dies and the Family Living Trust now gets an EIN (A of the A/B Trust) and will file it's first (and maybe last return)
The current Trustee would be the one to apply for the EIN (or you if they authorize you to do so.)
Here's wishing you many Happy Returns
