How do we cash a check made payable to a trust?

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How do we cash a check made payable to a trust?

My sister received a check for the sale of my father’s house. The check for me was made out “sister’s name as trustee for my name”. The bank says that there needs to be a trust with an account attached to it. There was no trust ever set up. How do we fix this?

Asked on October 18, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am confused by this and exactly what happened here. Are you a minor by chance? Is your sister your guardian?  Or is your sister the executor or personal representative of your Father's estate? Is there an estate proceeding at all and were you forwarded the check because of that?  Then she should receive it as personal representative or the estate of you Dad if she is the PR.  Or is the PR disbursing the funds?  I think that you need to bring all the documentation some where to have it read and interpreted for you.  Or maybe write back and give a little more information here.  There are too many facts that are missing and too much to assume in order to give any guidance.  Good luck.


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