Legal Question in Wills and Trusts in California

Hello, can a Trust Fund be created for an adult son/daughter over 21 by a parent without their consent/knowledge.

Then the same Trust, (irrevocable) would be funded via check in the beneficiary�s name from a third party, (uncle). If the Trust does not have the signature of the adult beneficiary�s would a power of attorney be needed to endorse and deposit the checks.


Asked on 11/29/14, 6:34 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

if the Uncle is in on the secret, have him write the check to the Trustee.

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Answered on 11/29/14, 8:27 pm
Len Tillem Tillem McNichol & Brown

It's certainly possible for any third party to create a trust for the benefit of any person, however, trustees owe a fiduciary duty to beneficiaries by law, so while it's possible to create a trust for a person without that person's knowledge or consent, the trustee has to provide the person with an annual accounting, etc.

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Answered on 12/01/14, 9:45 am


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