Although funds in an IRA or a qualified retirement plan are held in trust, referring to these types of accounts as simply trusts obfuscates the nature of the accounts. The "trust" now holding the funds might be a traditional (rollover) IRA (a type of nontaxable trust), in which case the IRA could be rolled over to the new employer's 401(k). Any other type of qualified retirement account would have to be either a Roth IRA (which is not eligible for rollover to an employer plan) or some kind of employer plan (but this doesn't sound like an employer plan). If the money was distributed from the original 401(k) and put into any kind of nonqualified account, an indirect rollover to the new 401(k) would have to be completed by the 60th day following receipt of the distribution from the original 401(k).
