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He was instructed by a lawyer to put it in an Estate Trust account and named me as the executor but never did it. If he writes me a check while he is still alive can I cash it after he passes? I don’t want to do anything illegal.

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If he writes you a cheque now, then you cash it now.

Or he opens a new account and moves his share of the funds into it and puts the account in both your names.
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How long are you intending to hold the check for? A few months? Years? Most checks are only good for 6 months from the date they are written. Of course, the bank may not notice the date but this isn't a good way to ensure you get the money. For your peace of mind, I'd get your dad to set up the trust account.
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I've never heard of an Estate Trust account; they're two different entities. A Trust account can only be created with presentation of Trust documentation, and would be titled in the name of the Trust.   Funds would be disbursed in accordance with Trust provisions, and to the named Settlor, the person who created the Trust (your father).   He could add you as a Trustee, but you'd have responsibility for managing the Trust after his death.

I don't understand why an attorney would suggest a Trust account if there's no trust involved.  This makes no sense at all. 

I think what you're thinking of is a joint account with your father's name and yours, as joint tenants with rights of survivorship.   If he dies before you, you inherit the funds.    A banker can help you create this kind of account properly.
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Pamelacupp, that is complicated since the account is held in joint name with his wife. Usually when a spouse passes, any accounts held jointly are given to the surviving spouse. I don't know if a Will could override that, it depends on State laws.
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Can he still set up the trust account?

Does he have a will? Is he receiving services through Medicaid?
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