Bank accidentally issued a $1,400 check in the name of my late mother’s trust. We deposited it. They want their money back.

Stole the trust’s assets? Nationwide bank wrote a check to the trust. The trustee deposited that check into the trust’s bank account. Then, the money was devided up between the beneficiaries per the terms of the trust. Nationwide then called up and said they wanted their money back. All other assets of the trust had been distributed per the terms of the trust prior to nationwide issuing the check.

Say they sue us ober $1400 (which they are unlikely to do because of the cost of litigation). They get a judgement for $1400 plus interest. How are they going to collect from a trust that has had no assets (other than a $50 in a checking account). After all the only way you can go after the assets of the trustee or beneficiaries themselves is if there was some kind of fraud or of they violated the terms of the trust. None of which happened here.

Even if they sued how wouldnthey collect froma trust of a dead woman that hasn’t had any assets in at least a year?

/r/legaladvice Thread Parent