Skip to main content

Does the beneficiary of a trust have a right to see the 1041 tax return for the trust?

Palo Alto, CA |

The trust is ongoing and it files a 1041 every year.

Attorney Answers 2

Posted

The beneficiary usually has the right to an annual "accounting". If you've been provided with a balance sheet (statement of assets and liabilities) and an income statement (statement of income and expenses), then the trustee would not need to show you the 1041. However, you would have the right to receive (and definitely should so you can file your own tax return accurately!) a "K-1" form for your share of the income and expenses.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Mark as helpful

3 lawyers agree

Posted

Ms. Brewer offers sound advice. You should make the request for it in writing. If you are already getting a Form K-1 (1041) there should reallly be no problem here. If so get with an estate litigation attorney as this may be a sign of trouble or that the trustee is hiding something.

Your facts are vague and for the most part complicated factually and from a legal standpoint. You need to sit down with an estates estates attorney to explore your options. This forum cannot give you what you need.

Hope this helps.

Please remember to designate a best answer to your question.

Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com.

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Mark as helpful

1 lawyer agrees

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics