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Typically, a trust cannot be created after a person's death, as trusts require the grantor's living intention to establish terms for asset distribution. However, a will may direct the creation of a trust upon a person's passing, allowing specific arrangements to be made for funeral expenses or other needs. This approach ensures that your intentions are clear and respected. Services like UsLegalForms can assist in drafting a will that effectively addresses these arrangements.
In addition to financial ease, a funeral trust may also reduce emotional stress on your loved ones by pre-planning many specific details. For instance, the style of burial or cremation, funeral attire, viewing hours and more can all be pre-determined when the funeral trust is created.
A testamentary trust is a trust that is to contain a portion or all of a decedent's assets outlined within a person's last will and testament. A testamentary trust is not established until after the person passes away in which the executor or executrix settles the estate as outlined in the will.
A QFT is generally an arrangement that would otherwise be treated as a grantor trust, under which an individual purchases funeral services or necessary property for himself or herself, or for another individual, from a funeral home prior to death and funds the purchase via contributions.
Once the grantor passes on, the revocable trust will become an irrevocable trust, and it will need its own EIN. Some trust funds are going to be taxed under their own EIN, while other trusts are going to be taxed to the beneficiary instead. This depends on the way that the trust has been formed.
Once the grantor passes away, the trust needs its own tax number, as the grantor's Social Security number is no longer sufficient. Therefore, while a revocable trust does not initially need an EIN, it's an excellent idea to apply for one just as you would for an irrevocable trust to avoid difficulties managing it.