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Check for Trust Deposited to Individual Account

I have a check payable to the Mary Smith Education Trust. Mary wants the check deposited to her individual account to pay her school fees. Can the sole trustee of the Mary Smith Education Trust endorse the back of the check in such a way that it might be accepted for bank deposit, e.g., "Deposit to the account of Mary Smith, Acct #0123, Signed John Brown, Trustee, Mary Smith Education Trust"?

Assuming that the Education Trust doesn't have an account of its own, if more checks like this are likely to be received, you may have to open an account for the trust. You will have to contact Mary's bank to find out if it will accept the check for deposit to Mary's account. If, and only if, the bank agrees, you should first endorse the check to Mary: "Pay to Mary Smith, (signed) John Brown, Ttee, Mary Smith Education Trust." Then Mary should endorse the check "Deposit only, (signed) Mary Smith." If this is the only check you think you'll receive payable to the trust, the bank will be more disposed to accommodating you and Mary in this way. As noted above, if there will be more such checks, the bank may insist that the trust have an account of its own.

Published on 12/10/08