Originally Posted by
motla68
Yes, what side of the fence do you want to be on? One can either accept the beneficial liabilities of an Estate held in trust being held by another or they can go create one, name beneficiaries and be the one in control. Separate from the Estate side of things most other instruments are constructive trusts, some can be negotiated unless upon the face of the instrument it says " non-negotiable ", example a Drivers License, negotiations can be done right then an there on the side of the road, there is nothing on that instrument that says " non-negotiable ".
UCC
§ 3-201. NEGOTIATION.
(a) "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
§ 3-202. NEGOTIATION SUBJECT TO RESCISSION.
(a) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity, (ii) by fraud, duress, or mistake, or (iii) in breach of duty or as part of an illegal transaction.