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I am the successor trustee for an individual who had a living trust. Thus there was no court, no probate. A refund was due the individual, but the IRS chose to issue a check rather than direct deposit.

My goal: get the check reissued in the name of the trust. But form 1310 is confusing me. My answers on this form are:

1 Did the decedent leave a will? yes 2a Has a court appointed a representative? no 2b If you answered no, will one be appointed? no 3 As the person claiming the refund, will you follow the state law? yes

But do I enter my name or the name of the trust in the various boxes? Do I enter my SSN or the Trust's EIN? How do I get them to issue a new check in the name of the trust?

IRS instructions are at https://www.irs.gov/forms-pubs/about-form-1310

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  • Can you include the state of the decedent, are you the executor named in the will, and what if any assets existed outside of the trust? Jun 15, 2019 at 2:12
  • California. The will was a pour over into the trust. No significant assets exist outside of trust.
    – Bryce
    Jun 24, 2019 at 18:11

1 Answer 1

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Update August 2019: after multiple rounds of wrong information I had to file form 1310. The check came in my personal name. I had to cash that check as myself, then make a matching deposit to the Trust.

Original response: I called the IRS, reached the trust division, and was told that this is just one situation where no form applies. I was instructed to write a letter requesting the re-issue, and include proof of the name of the successor trust. I was told not to use form 1310.

Please note my bank's policy prohibits depositing checks made to the name of the decedent. A dozen or more times now I've had to get a check reissued to the name of the trust, a process that generally goes fairly smoothly.

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