Skip to content
Formerly Hosted by the Law Professor Blogs Network

Complex rules govern FDIC insurance of trust funds

FdicThe importance of knowing how FDIC insurance covers trust funds is emphasized in Gail Liberman & Alan Lavine, Are Your Trust Funds Insured?, Wall St. J., July 8, 2008.

Here are a few excerpts from this article:

If your bank deposits are sheltered in a complex trust agreement, their FDIC insurance coverage could prove skimpier than you might think.

That is, unless you use care to keep fully abreast of the FDIC’s ever-changing rules. * * *

Under FDIC rules, a revocable trust * * * may qualify for up to $100,000 in coverage per beneficiary per bank. But that added coverage is available only if the beneficiary happens to be a spouse, child, grandchild, parent or sibling. Blended families, such as stepchildren and adopted children, also are allowed. Nieces and nephews don’t qualify.

Once a trust becomes irrevocable, which frequently happens when somebody dies, different FDIC rules kick in. No longer is the beneficiary required to be a specific type of relative.

However, “irrevocable trusts often cannot be FDIC-insured for more than $100,000,” said Martin Becker, senior consumer affairs specialist in the FDIC’s deposit insurance section. That’s because rules for irrevocable trusts are stricter.

The article contains a very useful discussion using the typical AB trust as an example.

Special thanks to Patrick S. Sylvester (Attorney, Wilmette, IL) for bringing this article to my attention.

Posted in: