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#898366 - 02/01/08 07:07 PM Three Trustees but Only Two are available to Sign
MK Offline
Member
Joined: Apr 2006
Posts: 62
Florida
We have a request to open a trust account where there are 3 trustees but one of them is in the hospital and unable to sign docs at this time. According to the Branch Manager, the Trust document states that the trustees can act independently of each other. Would you open the account assuming the trust really does allow the trustees to act independently? Has anyone ever opened an account when not all trustees are available did you take any additional steps?

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General Discussion
#898526 - 02/01/08 08:43 PM Re: Three Trustees but Only Two are available to Sign MK
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,883
Bloomington, IN
If you are confident that you are operating within the limitations of the trust document then yes. However, if there is any doubt at all then I would have a competent person familiar with your state's trust laws review the document.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#898618 - 02/01/08 09:51 PM Re: Three Trustees but Only Two are available to Sign Dan Persfull
Mint Julep Offline
Diamond Poster
Mint Julep
Joined: Oct 2007
Posts: 1,152
Tennessee
The one in the hospital is unable to sign docs? or unable to come into the branch to sign docs?

If you can collect a signature at the hospital, then I'd get a Trust Certificate executed. A trust certificate more or less puts the onus on the trustees to define the trust and their capacity to act.

If not, then you need to have the attorney review the trust agreement to see what it says and see if it addresses replacing a trustee.
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Just another self-proclaimed expert ...

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