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Depositing Custodial Checks Into a Personal Account

Can I deposit the custodial check I get monthly into my own account or must I have a separate custodial account for this money?


No, your bank should never knowingly allow you to deposit checks made payable either to a represented person or to you as custodian/fiduciary for that represented person into your personal account. The check is made payable to the represented person or to you as custodian for the benefit of that person. If you are authorized to distribute funds to yourself by a custodial agreement or court order, the check should be drawn on the custodial account, made payable to you as an individual and signed by you as custodian, so there is a clear paper trail of the transaction. The represented person or his estate could hold you, the custodian, liable for the transaction if you divert a check to your own account.

Published on 7/28/06