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Ownership Categories
Revocable Trust Accounts
This section explains FDIC insurance coverage for revocable
trust accounts, and is not intended as estate planning advice or guidance.
Depositors should contact a legal or financial advisor for assistance with
estate planning.
A revocable trust account
is a deposit account owned by one or more people that identifies one
or
more beneficiaries who will receive the deposits
upon the death of the owner(s). A revocable trust can be revoked,
terminated or changed at any time, at the discretion of the owner(s).
In this section,
the term "owner" means the grantor, settlor, or trustor of the
revocable trust.
When calculating insurance coverage, trustees, co-trustees and successor
trustees are not relevant. They are administrators and have no impact on
insurance coverage unless they also are the owners or beneficiaries of
the trust.
This ownership category includes both informal and formal revocable trusts:
- Informal revocable trusts – often called payable on death, totten
trust, in trust for or as trustee for accounts – are created when
the account owner signs an agreement – usually part of the bank's
signature card – directing the bank to transfer the funds in the
account to one or more named beneficiaries upon the owner's death.
- Formal revocable trusts – known as living or family trusts – are
written trusts created for estate planning purposes. The owner controls
the deposits and other assets in the trust during his or her lifetime.
The agreement establishes that the deposits are to be paid to one
or more identified beneficiaries upon the owner's death. The trust
generally becomes
irrevocable upon the owner's death.
Coverage and Requirements for Revocable Trust Accounts
In general, the owner of a revocable trust account is insured up to the
SMDIA, currently $250,000, for each different beneficiary, if all of the
following requirements are met:
- The account title
at the bank must indicate that the account is held pursuant
to a trust relationship.
This rule can be met by using the terms
payable on death (or POD), in trust for (or ITF), as trustee
for (or ATF), living trust, family trust, or any similar language,
including simply having
the word “trust” in the account title. Account title includes
information contained in the bank’s electronic deposit account records.
- The beneficiaries
must be named in either the deposit account records of the
bank (for informal
revocable trusts) or the beneficiaries must be
identified in the formal revocable trust document. For a formal
trust agreement, it is acceptable for the trust to use language
such as “my issue” or
other commonly used legal terms to describe the designated beneficiaries,
provided the specific names and number of eligible beneficiaries
can be determined.
- To qualify as
an eligible beneficiary, the beneficiary must be a living person,
a charity or a non-profit organization. If a charity or non-profit
organization is named as beneficiary, it must qualify as such
under Internal Revenue Service (IRS) regulations.
An account must meet all of the above requirements to be insured under
the revocable trust ownership category. Typically, if any of the above
requirements are not met, the entire amount in the account, or the portion
of the account that does not qualify, is added to the owner's other single
accounts, if any, at the same bank and insured up to the SMDIA. If the
trust has multiple co-owners, the amount that does not qualify would be
added to each owner's share as his or her single account.
An owner who identifies a beneficiary as having a life estate interest
in a formal revocable trust is entitled to insurance coverage up to the
SMDIA for that beneficiary. A life estate beneficiary is a beneficiary
who has the right to receive income from the trust or to use trust deposits
during the beneficiary's lifetime, where other beneficiaries receive the
remaining trust deposits after the life estate beneficiary dies.
For
example: A husband is the sole owner of a living trust that
gives his wife a life estate interest in the trust deposits,
with the remainder
going to their two children upon his wife's death. Maximum
insurance coverage for this account is calculated as follows:
$250,000 times three
different beneficiaries equals $750,000.
Insurance coverage
for revocable trust accounts is calculated differently depending on the
number of beneficiaries
named by the owner, the beneficiaries’ interests
and the amount of the deposit.
Two calculation methods
are used to determine insurance coverage of revocable trust accounts:
one method
is used only
when a revocable trust owner has five or fewer different beneficiaries;
the other method is used only when an owner has six or more different
beneficiaries.
If a trust has more
than one owner, each owner’s insurance coverage
is calculated separately.
Revocable
Trust Insurance Coverage - Five or Fewer Different Beneficiaries
When a revocable
trust owner names five or fewer beneficiaries, the owner’s
trust deposits are insured up to the SMDIA, currently $250,000, for
each different beneficiary. This rule applies to the combined interests
for
all beneficiaries the owner has named in all formal and informal
revocable trust accounts at the same bank. Therefore, when there
are five or fewer
beneficiaries, the calculation of the maximum deposit insurance coverage
for the trust owner is determined by multiplying $250,000 times the
number of different beneficiaries, regardless of the dollar amount
or percentage
allotted to each different beneficiary.
| Maximum insurance coverage for a trust owner when there
are five or fewer different beneficiaries |
Number of Different Beneficiaries |
Maximum
Insurance Coverage |
| 1 Beneficiary |
$ 250,000 |
| 2 Beneficiaries |
$ 500,000 |
| 3 Beneficiaries |
$ 750,000 |
| 4 Beneficiaries |
$1,000,000 |
| 5 Beneficiaries |
$1,250,000 |
| Example: POD accounts for one owner when there are five
or fewer different beneficiaries |
Account No. |
Account Title |
Owner |
Beneficiaries |
Deposit Type |
Account Balance |
1 |
John Jones POD |
John |
Jack, Janet |
MMDA |
$ 10,000 |
2 |
John Jones POD |
John |
Jack,
Janet |
Savings |
20,000 |
3 |
John Jones POD |
John |
Jack, Janet |
CD |
470,000 |
| |
Total |
|
|
|
500,000 |
| |
Amount Insured |
|
|
|
500,000 |
| |
Amount Uninsured |
|
|
|
$ 0 |
Explanation:
John Jones has three revocable trust accounts at the same insured
bank. Maximum insurance coverage for these accounts is calculated as
$250,000 times two beneficiaries, which equals $500,000. John Jones
is fully insured.
| Example: Multiple revocable trust accounts with five or
fewer different beneficiaries |
Account Number |
Account
Title |
Account
Balance |
1 |
Paul & Lisa
Li Living Trust, John and Sharon Li (Beneficiaries) |
$700,000 |
2 |
Lisa Li POD,
Sharon and Bill Li (Beneficiaries) |
$450,000 |
| Owners |
Beneficiaries |
Owner's Share |
Amount Insured |
Amount Uninsured |
| Paul |
John,
Sharon |
$ 350,000 |
$ 350,000 |
$ 0 |
| Lisa |
John, Sharon, Bill |
800,000 |
750,000 |
50,000 |
| Total |
|
$1,150,000 |
$1,100,000 |
$ 50,000 |
Explanation:
When a revocable trust owner has five or fewer beneficiaries,
the owner’s share of each trust account is added together
and the owner receives up to $250,000 in insurance coverage
for each
different beneficiary.
- Paul share:
$350,000 (50% of Account 1)
-
Lisa’s share: $800,000 (50% of Account 1 & 100% of Account
2)
Because Paul named two different beneficiaries, his maximum insurance
coverage is $500,000 ($250,000 times two beneficiaries). Since his
share of account 1, $350,000, is less than $500,000, he is fully insured.
Because Lisa has named three different beneficiaries between accounts
1 and 2, her maximum insurance coverage is up to $750,000 ($250,000
times three beneficiaries). Since her share of both accounts, $800,000,
exceeds $750,000, she is uninsured for $50,000.
Revocable
Trust Insurance Coverage - Six or More Different Beneficiaries
Equal Beneficial Interests
When a revocable trust owner names six or more different beneficiaries,
and all the beneficiaries have an equal interest in the trust (i.e.,
every beneficiary receives the exact same amount), the insurance
calculation is the same as for revocable trusts that name five
or fewer beneficiaries.
The trust owner receives insurance coverage up to $250,000 for
each different beneficiary. As shown below, with one owner and
six beneficiaries,
where all the beneficiaries have an equal beneficial interest,
the owner ’s maximum insurance coverage is up to $1,500,000.
| Maximum
insurance coverage for each revocable trust owner when
there are six or more different beneficiaries with equal
beneficial interests |
| Number of
Different Beneficiaries |
Maximum Insurance
Coverage |
| 6 Beneficiaries
with Equal Interests |
$ 1,500,000 |
| 7 Beneficiaries
with Equal Interests |
$ 1,750,000 |
| 8 Beneficiaries
with Equal Interests |
$ 2,000,000 |
| 9 Beneficiaries
with Equal Interests |
$ 2,250,000 |
| 10+ Beneficiaries
with Equal Interests |
add
up to $250,000 for each additional different beneficiary |
Unequal Beneficial Interests
When a revocable trust owner designates six or more beneficiaries
and the beneficiaries do not have equal beneficial interests
(i.e., they receive different amounts), the owner's revocable
trust deposits are insured for the greater of either: (1) the
sum of each beneficiary's actual interest in the revocable trust
deposits up to $250,000 for each different beneficiary, or (2)
$1,250,000.
Determining insurance coverage can be complex when a revocable
trust has six or more different beneficiaries whose interests
are unequal. In such cases, the FDIC recommends that depositors
or
their financial or legal advisors contact the FDIC for assistance.
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