How to handle inheritance from trust for tax purposes - inherited money and property tax considerations?
My father recently passed away and left behind an irrevocable trust containing two houses and a checking account with some cash. My brother and I are co-trustees, but I've been handling most of the administrative work trying to wrap everything up. We've decided that each of us will take one property - I'll transfer one directly into my name, while my brother wants to create a new trust for his property (he's concerned about potential Medicaid eligibility down the road). As for the money in the account, we're planning to split it equally. What I'm confused about is the tax situation. I know my dad filed the trust's 2022 taxes, but with his passing I haven't done anything for the 2023 tax year with everything else going on. Do I need to report these property transfers and money distributions on the trust's tax returns? Does it even matter since we're essentially dissolving the trust? Will my brother and I need to report this inheritance on our personal tax returns? Or would he report his portion on his new trust's taxes? I'm planning to hire a professional to help navigate this, but wanted to understand the basics first so I don't get misled or make any serious mistakes. Any advice would be greatly appreciated! 🙏
19 comments


Theodore Nelson
The good news is that inheritances themselves generally aren't taxable as income to beneficiaries - that's your first bit of relief. However, there are several tax matters you'll need to address: First, you'll need to file a final Form 1041 (income tax return) for your father's trust for 2023. Any income earned by the trust assets before distribution needs to be reported there. The trust is its own tax entity until dissolved. For the properties, they receive a "stepped-up basis" to fair market value as of your father's date of death. This is important because if you sell in the future, you'll only pay capital gains on appreciation from that stepped-up value, not from what your father originally paid. Regarding distribution of trust assets - yes, these need to be reported on the trust's final tax return, but again, the distribution itself isn't taxable income to you or your brother. Your brother's decision to place his property in a new trust is a separate transaction. I'd recommend working with a CPA who specializes in trust and estate taxation. The final Form 1041 needs specific schedules and documentation of asset distribution, and an expert can ensure you're covering everything properly.
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Carmella Fromis
•Thank you for the detailed response! I have a couple follow-up questions if you don't mind. First, does the trust need to file tax returns for every year until we fully dissolve it? The money distribution might happen soon but the property transfers could take longer. Second, when getting the stepped-up basis for the properties, do we need formal appraisals or can we use comparable sales data?
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Theodore Nelson
•Yes, the trust needs to file Form 1041 for every tax year it exists and has either income over $600 or any taxable income. So if you distribute all income-producing assets but still have the properties in the trust while working on transfers, you'll need to file until everything is distributed and the trust is formally terminated. For the stepped-up basis, I strongly recommend getting formal appraisals as of the date of death. While the IRS doesn't explicitly require them in all cases, having professional appraisals provides solid documentation if you're ever questioned. Comparable sales can support your position but formal appraisals offer stronger protection, especially for higher-value properties.
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AaliyahAli
After struggling with a similar situation last year when my mom passed, I found an amazing tool that helped me organize all the trust tax issues - https://taxr.ai - it really saved me tons of headaches. I had both properties and investments in my mom's trust and was completely confused about what needed to be reported where. The tool analyzed all our trust documents and gave me clear guidance on what forms I needed, helped me track the stepped-up basis for assets, and outlined exactly what my sister and I needed to report (and what we didn't). It even explained how to handle the income the trust earned before distribution and what happens tax-wise when trust assets move into a new trust. I was especially worried about missing filing deadlines or reporting requirements, but it laid everything out in a really clear timeline. The peace of mind was incredible during such a difficult time.
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Ellie Simpson
•Did it actually handle the complexities of the final trust tax return? My accountant charged me $2,800 last year for my father's trust final return because of all the "complexities" but I've always wondered if I overpaid.
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Arjun Kurti
•I'm a bit skeptical about online tools for something this complicated. How detailed was the guidance? Could it handle state-specific trust rules too? My aunt's trust had assets in three different states and it was a nightmare.
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AaliyahAli
•It absolutely handled the complexities of the final trust return. It breaks down all the schedules needed for Form 1041 and explains what income needs to be reported on the trust's final return versus what passes through to beneficiaries. It saved me at least $1,500 compared to what my initial accountant quoted me. The guidance was extremely detailed - it gives you specific line-by-line instructions and explanations. And yes, it handles multi-state situations too. It analyzed our trust that had property in both California and Arizona and explained how each state's rules applied to different assets. It even highlighted special considerations for the rental property that was part of the trust.
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Ellie Simpson
I used taxr.ai when dealing with my aunt's trust last month after seeing it recommended here, and seriously, what a lifesaver! I was about to pay an estate attorney $350/hour to figure everything out, but decided to try this first. The system immediately identified that we needed to file both a final 1041 for the trust AND a Form 706 (estate tax return) since the total value was over the reporting threshold. Something our family lawyer completely missed! It also clarified exactly which trust income needed to be reported where. The biggest relief was understanding how to handle the stepped-up basis correctly. We had some stocks that had appreciated significantly, and I was terrified of making a costly mistake. The tool provided clear documentation templates that I could share with my accountant. If you're dealing with an inherited trust, definitely check it out before meeting with your tax preparer. It'll save you money and prevent potential problems down the road.
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Raúl Mora
Just wanted to mention that if you're having trouble reaching the IRS with questions about trust tax filing requirements (which I definitely did), Claimyr (https://claimyr.com) got me through to an actual human at the IRS in about 20 minutes when I'd been trying for weeks on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c When my dad passed and left a similar trust situation, I had specific questions about filing deadlines for the trust's final return and how to report distributed assets correctly. The IRS wait times were literally 3+ hours every time I called, and I kept getting disconnected. Claimyr got me through quickly and I got all my questions answered by an actual IRS estate/trust specialist. The agent clarified exactly what forms we needed and confirmed we were handling the property transfers correctly. They also explained how to document everything for our records in case of future audit.
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Margot Quinn
•How does this actually work? I've been trying to reach the IRS about my grandfather's trust for weeks and keep getting the "call back later" message.
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Arjun Kurti
•Sounds too good to be true honestly. I spent 4 hours on hold with the IRS last month. You're telling me this somehow magically gets you to the front of the line? I'm very skeptical.
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Raúl Mora
•It works by using technology that navigates the IRS phone system and holds your place in line. When they get an actual agent on the line, you get a call connecting you directly to that agent. No more waiting on hold for hours. It's definitely not magic - just smart technology. I was skeptical too until I tried it. I had been trying for almost three weeks to get through about my dad's trust tax issues. After using the service, I was speaking with an IRS trust and estate specialist in about a half hour. They answered all my questions about how to report property distributions and the timing requirements for the final trust tax return. They even helped me understand which schedules I needed to include with Form 1041.
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Arjun Kurti
OK I have to admit I was wrong in my skeptical comment. After struggling for another week trying to reach the IRS about my aunt's trust, I broke down and tried Claimyr. I fully expected it wouldn't work, but I got a call back in 27 minutes connecting me to an actual IRS agent who specialized in estates and trusts. I was literally shocked. The agent walked me through exactly how to handle the final trust return and explained which forms I needed to document the distribution of assets to beneficiaries. She even helped me understand how to properly document the stepped-up basis for the property in the trust and gave me specific guidance on handling the rental income that came in between my aunt's death and when we distributed the assets. For anyone dealing with inherited trusts and tax questions, being able to actually speak with someone at the IRS who knows the answers saves so much stress and potential mistakes.
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Evelyn Kim
One thing nobody has mentioned yet - if any of the trust assets were generating income (like interest from the bank account or rental income from properties) between your dad's death and when you distribute them, that income needs to be reported on the trust's tax return. Also, the trust might need to issue K-1 forms to you and your brother for any income that "passes through" the trust to beneficiaries. This income will need to be reported on your personal tax returns, even though the inherited assets themselves aren't taxable. Make sure whoever helps you file those final trust returns also helps close the trust's tax ID with the IRS once everything is distributed. I forgot to do this with my grandfather's trust and ended up getting notices for years because the IRS still thought the trust existed!
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Carmella Fromis
•That's really helpful about closing the tax ID - I wouldn't have thought about that! Do you know if there's a specific form for closing the trust's tax ID? Also, the properties weren't being rented, but there was some interest earned in the bank account - probably about $800 since my dad passed. Would that trigger the need for K-1s?
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Evelyn Kim
•There's no separate form for closing the trust's tax ID. You simply check the "Final Return" box at the top of Form 1041 when filing the last tax return. On that final return, you'll need to show that all assets have been distributed. Many people miss this step, which is why I mentioned it. Yes, even just $800 in interest would need to be reported either on the trust's tax return or passed through to beneficiaries with K-1s, depending on how your trust is structured. Most irrevocable trusts either pay tax at the trust level (which has higher rates) or distribute income to beneficiaries who then pay tax at their individual rates. Your tax preparer will need to review the trust document to determine which approach applies to your situation. Either way, that $800 needs to be accounted for somewhere.
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Diego Fisher
Has anyone mentioned estate tax yet? Depending on how big the trust is, you might need to file Form 706 (estate tax return) even if no tax is due. For 2023, the federal exemption is $12.92 million, but some states have much lower thresholds. Also, don't forget about potential state inheritance taxes depending on where you live. Pennsylvania, for example, has an inheritance tax even when federal estate tax doesn't apply.
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Henrietta Beasley
•This is a really important point! I nearly got hit with penalties because I didn't realize Maryland has an estate tax threshold way below the federal one. The trust value was only about $2.3M but still required state filing.
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Arjun Patel
I went through almost the exact same situation with my mother's trust two years ago - two properties, bank account, and my sister and I as co-trustees. Here are a few additional things I learned the hard way that might help you: Make sure you get date-of-death valuations for ALL assets, not just the properties. Even the bank account balance needs to be documented as of your father's date of death, since any interest earned after that date is taxable income to the trust. If either property has been vacant since your father passed, don't forget about ongoing expenses like property taxes, insurance, and utilities. These are deductible on the trust's tax return and can help offset any income the trust earned. One thing that caught me off guard - when my sister wanted to put her inherited property into her own trust (similar to your brother), we had to be very careful about the timing and documentation to make sure it was treated as a distribution from dad's trust to her personally, then a separate transfer into her new trust. Otherwise the IRS might view it as a direct trust-to-trust transfer with different tax implications. Also consider getting an EIN for any new trust your brother creates before the transfer happens. The paperwork flows much smoother when everything is set up in advance. Good luck navigating all this - it's overwhelming but you're asking the right questions!
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