What name is used for the current EIN?

What EIN is on the brokerage account now? 

Why does National Brokerage care? Maybe all the trust assets should be moved to another brokerage?

The Living Trust had no EIN.The new Irrevocable Trust is called a Remainder Trust.

The Trust documents are silent on a name for the Irrevocable Trust .

The Brokerage Firm would Feel comfortable with a Trust called the Survivors trust.

What would happen if the first EIN was never used and a new EIN was created under the new name?

"The Living Trust had no EIN" Did it use a SSN? Or no number and subject to backup withholding?

"The Trust documents are silent on a name for the Irrevocable Trust " They frequently are, especially older ones. It doesn't matter. Many times they carry on being called Mary's Living Trust after she dies.

"The Brokerage Firm would Feel comfortable with a Trust called the Survivors trust." Why do they get to decide? What's wrong with Remainder Trust and its EIN?

What would happen if the first EIN was never used and a new EIN was created under the new name? Nothing.

What would happen if they kept the existing EIN?

If I was getting this crap from the brokerage firm I'd yank the assets and go somewhere else.

Another chapter for my forthcoming book, "How To Avoid Living Trusts."

Let me guess -- trust was set up to split everything into two trusts, back when the estate tax exclusion was only $1 million and first spouse's share was not "portable."  Usually, the trust document says that the "Remainder Trust" can't be revoked or amended, while the "Survivor's Trust" can be.  Have you read the trust document?  Does it instruct the trustee to create two new trusts?  Maybe the broker knows more than you or the client, because they have actually read it and see the problem. 

I read the Trust multiple times and realize there might be a problem since the as you suggested the trust was split into two Trusts but both were revocable.

At the death of the second spouse a Irrevocable Trust needed to be created.

My client was given the name by her lawyer with no documentation.

This is what is giving the Brokerage Firm problems.

If the first EIN is never used then maybe a new EIN under a new name might be the easiest solution.

Thoughts?

Who is your client?  The surviving spouse, or the successor trustee after both spouses have died? Usually, when the trust splits at the death of the first spouse, the Remainder Trust is irrevocable.  I thought that's the stage you are at. 

The successor trustee is the client.

Thoughts

Find another brokerage firm.  As long as you have a name that matches to an EIN, it doesn't really matter if the name is National Brokerage Firm Sucks.

If the brokerage company's lawyers won't let them move assets to a new internal account, I don't know how they would allow them to be moved to a new external one.  But sometimes these companies can work out differences between them.  There are way too many details lacking here.  The trust was supposed to be split, when the first spouse died?  But it wasn't?  And then most trusts provide that the assets be distributed and the trust ends, when the second spouse dies.  But this one continues, that's where the "irrevocable" terms come in?  Does the continuation trust include both trusts when the split should have been made when the first spouse died?  Or just one of them, the "Remainder" ? 

This really isn't an EIN question, it's an "I need legal help" question.