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When the last spouse dies, in a marital trust who applies for the EIN

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Level 3

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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Level 15

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.)


ex-AllStar

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Highlighted
Level 15

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.)


ex-AllStar

View solution in original post

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