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#59437 - 02/05/03 10:46 PM Trust agreement - Out of state?
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
I haven't been able to locate this specific question, so need to rely on your expertise. A customer presents a trust agreement from Indiana and wishes to open an account in Michigan. Is this acceptable? Or - better yet - adviseable?

I've posed the question to the FDIC as well. If the bank were to fail, which state would "govern" the trust agreement - the state in which it was created or the state in which the account was opened?

Thanks for any assistance!!
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General Discussion
#59438 - 02/05/03 11:39 PM Re: Trust agreement - Out of state?
Princess Romeo Offline

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Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
That is probably a question best posed to qualified legal counsel.
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#59439 - 02/06/03 05:38 PM Re: Trust agreement - Out of state?
KSK Offline
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KSK
Joined: Jul 2001
Posts: 357
Kansas
I agree with Bonnie, the first step would be ask your legal counsel.

Absent that I offer the following information. Administration of the trust itself will probably be governed by what ever state is stated in the document itself. There could potentially be some residency or domicle issues if there is real estate property in the trust.

Your deposit account and the handling of the transaction within that deposit account would be governed in accordance with whatever is stated in your deposit agreement. So the fact that the two may not be the same I would not think would be a problem.

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#59440 - 02/06/03 11:11 PM Re: Trust agreement - Out of state?
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Thanks - this was helpful. I'm still awaiting FDIC and legal counsel response, but it gives me a place to start.
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Opinions are mine and never to be taken as legal advice!

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