Q: Ck is payable to John Doe Revocable Trust, John Doe Trustee, can John Doe endorse it and dep it into his personal acct?

A: The check should be deposited in an account titled to the trust. To deposit the check to the trustee’s personal account would be a breach of fiduciary duty to the creditors and benefit the trust. The answer is the same whether the trust is revocable or irrevocable.

A: When a check is made payable to "John Doe Revocable Trust, John Doe Trustee," John Doe, as the trustee, has the authority to manage the trust's assets. Typically, he can endorse the check and deposit it into the trust's designated bank account, not his personal account. This ensures that the funds remain within the trust and are used according to its terms.

If John attempts to deposit the check into his personal account, it could lead to legal complications or claims of mismanagement. Keeping trust assets separate is crucial for maintaining the trust's integrity and complying with fiduciary responsibilities. Using a personal account might blur the lines between personal and trust assets, which is generally discouraged.

In the case of an irrevocable trust, the rules are even stricter. The trustee must adhere closely to the trust's terms, and personal use of trust funds is typically prohibited. Depositing trust checks into a personal account would likely violate the trust agreement and could result in legal consequences. Always ensure that trust funds are handled appropriately to protect both the trustee and the beneficiaries.