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#1020121 - 08/14/08 03:55 PM Checks payable to irrev trust
nemsi Offline
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Joined: Nov 2005
Posts: 383
I've just noticed that a number of checks payable to an irrevocable trust are being deposited into a joint personal account. Example: payee, Minnie Mouse, Trustee, u/a Trust dated 01/01/01 Mickey Mouse Irrevocable Trust. Checks are endorsed by Mickey Mouse (not sure) and deposited into a joint account-with right of survivorship- belonging to Mickey Mouse and Betty Boop. Mickey is elderly and is currently married to Betty Boop, the Trustee is Mickey Mouse's daughter from previous marriage. I have concerns with this and have expressed my concerns, others at the bank seem not as concerned. If you were reviewing account activity and noticed this would you be concerned?? BTW.. some of these checks are being cashed at the branch.

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#1020389 - 08/14/08 06:23 PM Re: Checks payable to irrev trust nemsi
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Yes, I'd be concerned. If the trust is entitled to the proceeds of those checks, the trustee will be looking for the money. If the trustee is Mickey's daughter, then Mickey's not entitled to endorse those checks without the endorsement (first) of the trust.

If somehow Mickey has been made trustee, then take a look at UCC 3-307 in your state's version of the UCC. By depositing the checks to his personal account, Mickey would be breaching his fiduciary responsibilities. And the bank could be liable to the trust if the trust comes after the funds.

It seems that you have tellers who need some training on who can endorse what.
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John S. Burnett
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#1020477 - 08/14/08 07:13 PM Re: Checks payable to irrev trust John Burnett
nemsi Offline
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Joined: Nov 2005
Posts: 383
Thanks so much John!
As for your last statement, "unfortunately" you're absolutely right.

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