how do I go about getting a bank account for a trust that will hold real estate, but is not funded yet?

I want to set up a non interest bearing checking account for a not yet funded land trust. What paperwork will I need?
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Answers (2)

Andrew Daniel Myers

Andrew Daniel Myers

Contributor Level 7
Two answers:

(1) What's the hurry, wait until your initial transaction and then set the trust up..

(2) To set the deal up, you need a trust agreement. This is signed by whoever it is that is setting up the trust. You need a statement of beneficiaries. You need to apply to the IRS for your taxpayer ID number. People often set up such arrangements with $10.00 in the account just to start it up.

HOWEVER: these arrangements are set up for a reason and with goals in mind. Do not do any of the above without first having an in office consultation with a CPA and a second with an attorney who does business law. The tax ramifications need to be explored. The cost of the consultations will be worth more than the potential problems that could occur.

This answer is provided for informational purposes only. True legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction and with experience in the area of law in which your concern lies.
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Janet Lee Brewer

Janet Lee Brewer Avvo Pro

Contributor Level 7
If you are both the "trustor" (a/k/a the "settlor" or the "trustmaker" ) and the "trustee" of the trust and you are also the beneficiary - in other words, if you are the person who set up the trust, are its manager, and are the person who receives the income & other "benefits" from the trust, then the trust probably qualifies as a "Grantor Trust" under the IRS rules & does not need a separate taxpayer identification number ... you would use your personal social security number.

If that is not the case, then you would need to contact the IRS to obtain a taxpayer identification number for the trust before you could open a bank account for it.

As the other lawyer said, you may need to talk to a knowledgeable CPA, enrolled agent, or tax lawyer.

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.
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