What is the legal test for establishing a trust?
California, United States of America
The following excerpt is from Secrest v. Vaughn, D066702 (Cal. App. 2015):
A trust is not a legal entity, but an aggregate of assets and liabilities. (Stoltenberg v. Newman (2009) 179 Cal.App.4th 287, 293.) A trustee has the power to collect and hold the assets of the trust. ( 16220.) Only the trustee may enforce the trust's claims or defend claims against the trust. ( 16249, Stoltenberg, supra, at p. 293.) The courts have the authority to supervise trust administration issues. ( 800, 16420, 17200 et seq.)
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