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Lakeland Florida Form 8855: What You Should Know
The executor, administrator, or trustee (or administrator) who are the parties to a qualified revocable must sign and seal the form. Form 8855 — Revocable Trust (Rev. January 2017) The trustee must sign and seal form 8855(a) on a form provided by the IRS prior to filing, regardless of what the trust agreement called for. The trustee is not required to file Form 8855 if the trust provides for an executor; however, a will authorizes the trustee to file. The trustee may amend in a manner that meets or exceeds IRS requirements. (These limitations apply also to a revocable trust in the case of a trust with any beneficiary other than the estate of which the revocable trust is a part; however, these exceptions do not apply to trusts for public benefit purposes, and they apply only to a revocable trust in the case of a trust with any beneficiary other than the estate of which the trust is a part). Form 8855(b), Election to Treat The Trust as a Part of an Estate (Rev. October 2017) The executor and the trustee of each electing trust complete and file form 8855(b), Election to Treat the Trust as a Part of an Estate, with the executor's office in accordance with its instructions. The trustee must not sign and seal Form 8855 until (i) the trust has terminated, or (ii) if the trust provides for a trust administrator, the date on which the trustee receives notice that his or her appointment has expired or if the executor or administrator appoints someone to act (for example, a designee or assignee), the date on which the appointment has expired. The executor or administrator cannot appoint someone to act until one of the following occurs: The trust is dissolved. The beneficiary dies. The election has not been made. The notice has not expired. The filing deadline for any return or return information is no earlier than the date on which the executor receives (or, in the case of a trust that provides for a trust administrator, the date on which the trustee, rather than the executor, receives notice that his or her appointment has expired).
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