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Trust Check Deposited into Personal Account

If a check payable to a trust is deposited into a personal account, what is the best option to not have exposure for three years?


Once the check is deposited into a personal account, whether there is personal exposure depends on what happens to the funds. There is no automatic liability involved, but if the beneficiaries of the trust believe that the transaction took funds they are entitled to under the terms of the trust, they can pursue the individual (presumably the trustee) who deposited the check and the bank that accepted it for deposit. Accordingly, if after the check is deposited in the personal account, a transfer is made to the trust so that the beneficiaries get their due, there should be no reason for action against the depositor.

Published on BankingQuestions.com 8/11/10