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In these circumstances, the Form 1041 is very simple to complete. The trustee will check the box on Form 1041 indicating that the trust is a grantor trust and provide some general information about the trust (name, address, tax identification number, and the date the trust was established).
Third-Party Special Needs Trusts are established using assets from someone other than the individual living with disabilities. Typically established by a loved one while living or through specific language in a living will specifically designating funds to be placed into a Third-Party Trust.
Trusts generally are considered separate taxable entities for income tax purposes and the trustee must file an income tax return for the trust.
Third-Party Funded Trusts: A third party funded special needs trust is a trust which contains assets belonging to someone other than the beneficiary, such as a parent or other relative. These types of trust are typically established under the last will and testament of the parent.
If you name yourself trustee, you'll need someone to serve as the successor trustee for when you die. This will be the person to distribute your property after you've died, so make sure you trust the person. Create the trust document: You can do it yourself with an online program or get the help of a professional.