I have lost my certification of trust document and Im trying to get some information from my late husband who passed away in 1987 and the Irs is asking me for the name of the trust and Im giving them the name and they are asking me what else. Is there a format that I have to use. Example, jOE, SMITH TRUST UNDER AGREEMENT DATED MARCH 11,1980, WHAT IS THE CERTIFICATE OF TRUST FORMAT THAT IA USED?
The format that you used sounds absolutely fine. There are examples in the instructions for IRS forms, as well, but what you used is fine. There is no reason why you cannot sign a new Trust Certificate at this time, or have the attorney do so, so you have some you can use. This may be especially useful, if you are transferring assets out of the Trust.
It would be helpful to know what exactly the IRS is asking you for and what form you are filing. My guess is that it is an SS4 and you are applying for a Tax ID number for the Trust. If that is not the case, however, please feel free to repost additional questions and we will try to help.
James Frederick
Lynnmarie A. JohnsonBankruptcy AttorneyFlint, MI ·
Both oth attorneys are correct. By far though the easiest way to get the exact name of the trust is from the original trust document. The Certificate of Trust is a summary of the trustte serving to tell the world that the trust exists, who the trusttes are and what powers they have. The reason you have one is so that you can give it to someone, say a bank or the IRS, to show that the trust exists and the trustee informatio, without givingthrm the entire trust, which may contain information that you don't want to share with the outside world. So if you can't find the Certificate, yu can always have your attorney prepae another one and you and any other current trustee just sign it. In the meantime, look through the trustee and you should find a paragraph that says "The trust shall be called..." to get the name.
You have not stated what the IRS is asking for beyond the name of the trust. It might be that the IRS is asking what is the tax ID of the trust since it can no longer use your husband's social security number or it could be asking who is the current trustee or who are the current beneficiaries. The current tax ID would be an Employer ID # and a Certificate of Trust Existence and Authority, prepare by your attorney would contain this information along with information about any real estate in the trust and the powers of the trustee to transact business on behalf of the trust. The IRS should be able to specify what it wants in the way of information.
contact local counsel.
typically SPECIFIC name of the Trust (e.g., john jones living trust (dated _______), mary jones trustee [or jj lt (under declaration of trust dated ____) mj tte.. et al]
confulsed though - you should just look to the trust .. did you lose?
have your cpa or attorney assist you ... either should be able to answer any question on this topic on this limited topic
This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer
