Irrevocable Trust Accounts
Irrevocable trust accounts are deposit accounts held in connection with a trust established by statute or a written trust agreement in which the owner (also referred to as a grantor, settlor or trustor) contributes deposits or other property to the trust and gives up all power to cancel or change the trust. An irrevocable trust also may come into existence upon the death of an owner of a revocable trust.
A revocable trust account that becomes an irrevocable trust account due to the death of the trust owner may continue to be insured under the rules for revocable trusts. Therefore, in such cases, the rules in the revocable trust section may be used to determine coverage.
The interests of a beneficiary in all deposit accounts under an irrevocable trust established by the same settlor and held at the same insured bank are added together and insured up to $250,000, only if all of the following requirements are met:
- The trust must be valid under state law
- The insured bank’s deposit account records must disclose the existence of the trust relationship
- The beneficiaries and their interests in the trust must be identifiable from the bank’s deposit account records or from the trustee’s records
- The amount of each beneficiary’s interest must not be contingent as defined by FDIC regulations
If the owner retains an interest in the trust, then the amount of the owner’s retained interest would be added to the owner’s other single accounts, if any, at the same insured bank and the total insured up to $250,000.
Since irrevocable trusts usually contain conditions that affect the interests of the beneficiaries or provide a trustee or a beneficiary with the authority to invade the principal, insurance coverage for an irrevocable trust account usually is limited to $250,000.
An owner or trustee of an irrevocable trust account who is unsure of the provisions of the trust should consult a legal or financial advisor.