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Level 3
October 11, 2020
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Trust now irrevocable - can I change title?

  • October 11, 2020
  • 1 reply
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Filing for FEIN for Trust after death of grantor do I remove the word REVOCABLE from title?

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Best answer by BobKamman

I still see a lot of what I call Logorrhea Trusts with provisions somewhere past Page 42 that require the trust to be split into an "A" or "B", or "Survivor" and "Decedent," or "Marital" and "Bypass" Trust.  A lot of people don't discover this until about 10 years after the death of the first grantor.  So make sure you have read the actual document and understand it, before you decide what kind of animal you are dealing with.  You don't want it to turn out to be one of those hairy caterpillars that you shouldn't touch. 

I don't think IRS cares if you call it the "Barnaby Smith Trust u/a/d 10/31/07" rather than the "Barnaby Smith Revocable Trust u/a/d 10/31/07," as long as it doesn't already have an EIN.  

1 reply

BobKamman
BobKammanAnswer
Level 15
October 11, 2020

I still see a lot of what I call Logorrhea Trusts with provisions somewhere past Page 42 that require the trust to be split into an "A" or "B", or "Survivor" and "Decedent," or "Marital" and "Bypass" Trust.  A lot of people don't discover this until about 10 years after the death of the first grantor.  So make sure you have read the actual document and understand it, before you decide what kind of animal you are dealing with.  You don't want it to turn out to be one of those hairy caterpillars that you shouldn't touch. 

I don't think IRS cares if you call it the "Barnaby Smith Trust u/a/d 10/31/07" rather than the "Barnaby Smith Revocable Trust u/a/d 10/31/07," as long as it doesn't already have an EIN.