SPRING 2005 ISSUE
FDIC INSURANCE FOR REVOCABLE TRUSTS
In 2004, the Federal Deposit Insurance Corporation (FDIC)
put in place new rules for insurance coverage of living
trust accounts in FDIC-insured institutions. A living
trust, sometimes called a family trust, is a formal
revocable trust. Its owner specifies who will receive
the trust assets when the owner dies. During his or
her lifetime, the owner, also known as a grantor or
settlor, maintains control of the trust assets and has
the power to make changes in the trust.
The owner of a living trust account is insured up to
$100,000 per beneficiary if each of the following three
requirements is met:
(1) The beneficiary must be the owner's spouse, child,
grandchild, parent, or sibling. Not every relative qualifies.
For example, cousins, nieces, and nephews do not qualify,
but stepparents, stepchildren, and adopted children
do.
(2) The beneficiary must become entitled to his or
her interest in the trust when the owner dies. FDIC
insurance coverage would be based on the beneficiaries
who satisfy this requirement as of the time when a bank
fails.
(3) The title of the account at the bank must indicate,
with terms such as "living trust" or "family
trust," that the account is held by a trust.
While insurance coverage is based on the actual interests
of each beneficiary, the FDIC will assume that the beneficiaries
have equal interests in the trust account unless the
trust states otherwise. By way of a simple example,
if a father has a living trust leaving all of the trust
assets equally to his three children, the account would
be insured up to $300,000. The total coverage consists
of $100,000 for each of the three qualifying beneficiaries,
who would become owners of the trust when their father
dies.
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