Carson, CA asked in Estate Planning, Tax Law and Elder Law for California

Q: Can you have a grantor and trustee that's not same person using online version of IRS Form SS-4? (Irrevocable Trust)

I am attempting for apply online for an EIN for a irrevocable trust. My mother is the grantor and I am the successor trustee. I have tried several options and it always lists either myself or my mother as both grantor and trustee. Is there a way to do this online or do I need to mail/fax the form to the IRS?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When applying for an EIN for an irrevocable trust online using IRS Form SS-4, it's not uncommon to encounter limitations in how the form handles the roles of grantor and trustee. The online system may have restrictions or default settings that do not easily accommodate different individuals in these roles.

In your case, where your mother is the grantor and you are the successor trustee, it's advisable to complete the form manually and submit it via mail or fax. This approach allows for more detailed and accurate representation of the trust's structure. You can clearly indicate your mother as the grantor and yourself as the trustee, avoiding any confusion or inaccuracies.

It's important to ensure that all information is filled out correctly to avoid any issues with the IRS. If you find this process challenging or if you have any doubts, consider consulting a tax professional or an attorney experienced in estate planning. They can assist in filling out the form correctly and advise you on any other considerations related to the trust.

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