August 15, 2011
Authored by: Luke Lantta
It’s not uncommon for one person to establish a trust, fund it with some nominal amount (say, $100.00), and then have another person come along and contribute a more significant amount to the trust (say, $70,000.00). Under these circumstances, who is the settlor of that trust? A federal appellate court recently answered that question in Roberts v. McConnell. So, why did a seemingly simple question of “who was the settlor” have to go from a bankruptcy court, to a federal district court, to a federal appellate court?