If the accounts are set up properly, a husband and wife could
have upwards of $800,000 fully insured at one bank, according to
Barr.
Here's how it would work:
- Husband and wife each have $100,000 in an individual
account.
- The couple has $200,000 in a joint account.
- Husband and wife each have $100,000 in individual
retirement accounts.
- Husband and wife each set up $100,000 revocable
trust accounts, payable on death, naming each other as beneficiaries.
In addition, they could set up as many revocable trusts
as they want for qualified beneficiaries -- parents, siblings, spouse,
children, grandchildren. Each one of those beneficiary accounts
would be insured up to $100,000.
What you can see by that example is that deposits
maintained in different categories of legal ownership are separately
insured. The most common categories of ownership are individual,
joint, and testamentary, or pay on death. Retirement accounts also
are insured separately.
While you may have a living trust account, there is
no ownership category called living trust. If a bank fails, the
FDIC will look at a particular living trust account and decide whether
it's an individual, joint or pay-on-death account.
"The average depositor isn't going to know which
category the account will be in," says FDIC attorney Chris
Hencke. "Some bankers take the optimistic viewpoint and assume
it will be put in the "pay-on-death" category with its
generous per beneficiary coverage -- as opposed to the individual
ownership category where coverage is just $100,000.
"It depends on the terms of the living trust
agreement. If the bank fails and they get stuck in the single category,
they've put all this money in the account thinking it's covered
per beneficiary when it's per owner."
Hencke says many living trusts have "defeating
contingencies" with respect to the beneficiaries. A defeating
contingency is a restriction that disqualifies the account from
additional insurance coverage. Trusts that have defeating contingencies
won't get per-beneficiary coverage.
"The pay-on-death category is designed to be
simple -- you die, the money goes to a designated beneficiary. But
with a living trust, it isn't usually that simple. If there's some
doubt as to whether the beneficiary will ever get the money after
the owner dies, it goes to single ownership," Hencke says.
For instance: "When I die, give it to my three
kids but don't give it to them until they graduate from college,
and if they haven't graduated by the time they're 40, give it to
charity."
Sometimes the FDIC determines that an account the
bank considers a joint account really isn't.
Suppose a parent opens a joint account with a child
but doesn't want the child to have free access to the account while
the parent is alive. The parent stipulates that the child needs
the parent's signature to withdraw money.
The FDIC says all parties of a joint account must
have equal access and withdrawal rights for it to truly be a joint
account. If the bank fails, that account would likely be considered
an individual account and insured for only $100,000 instead of $200,000.
Also, dividing your money among different branches
of the same bank won't work either. The main office and all its
branches are considered one bank.
Obviously, it's easy to get tripped up and make a
mistake.
Read the FDIC
rules online or ask your bank for a copy of the FDIC booklet,
"Your Insured Deposit."
Don't stop there -- when you think you have it structured
correctly, call the FDIC consumer hotline, (877) 275-3342, and check
with them.
And while it's always smart to make sure deposits
you have with a bank are covered by FDIC insurance, you also ought
to keep tabs on the health of your bank. Bankrate.com's Safe
& Sound rating feature lets you see the financial condition
of banks, thrifts and credit unions. Check out your bank and make
sure it's strong enough to keep your money safe and sound.