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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I've been going round and round with us bank about

Customer Question

I've been going round and round with us bank about $91,000.00 that was supposed to be deposited into a trust account but instead was deposited into the trustee personal account by the us bank teller the trustee at the time has died making me the trustee and leaving me with a huge mess to try and clean up finically and emotionally. I've not received the money as of yet and because of this I'm about to lose a house that coincidentally enough us bank is currently holding the note on. Is there any way I will be able to resolve this matter in peaceful timely matter or is it gonna cost me a bunch of money and time I really don't have?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What have you done so far to get the money released? If you are trustee have you gone after the estate of the former trustee to recover the money, since that is who you need to go after at this point?
Customer: replied 1 year ago.
this is a tough thing for me to understand so please accept my apologies for not being up to speed in the law arena. Your telling me that my next course of action would be to go after a estate of the dead trustee? The last relative of hers that I had knowledge of was thankfully hauled out of the house that was left to me on a stretcher deceased. So if there is or was a estate I have no knowledge of this or we could say that it was probably all mine anyways because they had stole it from my dad anyways. So there is no course of action with the bank depositing the escrow check that was written out to the LLOYD MCCLURE REVOCABLE TRUST into Sylvia Simpsons personal account and she has NO one to answer on her behalf Im just supposed to accept losing the house my dad left which she was supposed to pay off with the sale of trust assets while I was convalescing from major heart issues and the very first and only check that shows up in the trust name the bank deposit it into the her account I just walk away telling myself she doesn't have anyone to hold liable i guess the the bank was right it is just a banking error nothing I can do about it? Wow everyone is apparently terrified of dealing with the bankesters because this is the normal answer I get, so I'm not to surprised just a little more disappointed in this country's way of thinking. If you or I make banking errors we, well at least myself is charged according but not them. Not only do they get the deposit that was written to the trust they get the house they hold the title on that they started foreclosing proceedings on at the beginning of this month. I guess they already knew what Im just learning that we no longer live in the land of the free or the BRAVE.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am not saying that you have no recourse against the bank, I was simply asking some questions. If the trustee received the money in their Sylvia Simpson's account, then she certainly should have an estate of $91,000 at the very least because the money should still be in there. She should have some relative as well and if not it is even more important you get the money because if she has nobody the money goes to the state.
The bank too is liable here, but they have to be sued "jointly" with the trustees estate. Now for the bank your suit against them is negligence and you have 3 years from the date of the negligent act to sue them for that money back. You still have to sue both them and the trustee's estate because the money has to be recovered from the trustee's estate as she cannot keep it as that is unjust enrichment (meaning not to sue her to get the money back would mean she gets money she is not entitled to).
Furthermore, since it was the bank's negligence, you could sue them for the costs, including attorney's fees, for having to go through litigation to get the money back. So I would suggest getting a local attorney from the same sites used by other attorneys, or and you would be looking for a banking law attorney.