Ephesians3-14
Level 8
11-20-2022
03:33 PM
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I have a Wisconsin client who died in 2022. She had a trust. She named her daughter the trustee. The daughter lives in Illinois.
Should I file a WI 1041 or an IL 1041?
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Ringers
Level 2
11-20-2022
04:21 PM
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For Wisconsin (and Illinois) the statute is "A trust created by a decedent's will (testamentary trust) is resident at the domicile of the decedent at the time of the decedent's death, unless transferred by a court having jurisdiction to another court's jurisdiction."
I had a similar situation where the decedent died in FL, beneficiary moved to WI and transferred the executor power to her son in Illinois. The irrevocable trust remained a resident of FL per the family's Trust attorney.