Legal Question in Wills and Trusts in California

I am a successor trustee of a living revocable trust. Both my parents have passed and I am 100% undistributed principal and income. I closed out 1 bank account and a check was issued to the family trust. Another account has IRA's which I want to roll over. Once again that bank will issue the check to the family trust. My parents trust attorney has told me to deposit the first check and when it clears put the money into my own personal account. How is this accomplished? Do I just walk into my bank and ask to deposit the check. Will I have to pay taxes as I have read I need to get a tax ID ? Any answers will be helpful! Thank You!


Asked on 6/15/16, 12:54 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

If you are the sole beneficiary, you have fewer hoops to jump through as trustee, but you still want to do things right, so I recommend that you consult an attorney for some better advice. For instance, if the trust is the beneficiary of the IRA, you will most likely lose the right to roll over into an inherited IRA if the financial institution issues a check to the trust. As sole beneficiary you may be able to prevent this if you give the right instructions. As for a tax ID #, you probably need one as most financial institutions require you to open a new (irrevocable) trust account first and then transfer to your own new account. But the trust won't have to pay income taxes if you move quickly enough that the income to the trust is under a certain amount. You should consult an accountant.

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Answered on 6/15/16, 1:05 pm


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