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#208744 - 07/08/04 03:50 PM Co-Fiduciaries and the Bank's Liability
Anonymous
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Situation: Co-Trustees of a revocable trust open a bank account in the of the trust OR Co-Executors of a decedent's estate open a bank account in the name of the estate OR Co-Conservators of an incapicitated person open a bank account in the name of the incapacitated.

Question: If the Co-Fiduciaries are required to act in concert for all transactions (whether required by the trust document or by the Probate Code), is the bank responsible for making sure all Co-Fiducaries have consented before any transactions are executed? If the bank fails to do so, is the bank liable to the other Co-Fiduciaries?

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#208745 - 07/16/04 09:43 PM Re: Co-Fiduciaries and the Bank's Liability
Compliance Geek Offline
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Compliance Geek
Joined: Jul 2004
Posts: 141
A Mile High
I say yes. However, you may want to check with your own legal counsel due to variances in state laws.
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