What the New FDIC Limits on Trusts Mean for Advisors

News May 07, 2024 at 02:05 PM
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Fiduciary expert Ron Rhoades

A new deposit insurance rule effective April 1 has capped what the Federal Deposit Insurance Corp. will insure in a trust account at $1.25 million.

The new rule "limits the number of trust beneficiaries for both revocable and irrevocable trusts that receive the $250,000 insurance amount to five, totaling at most $1.25 million for a single-owner trust," according to Ron Rhoades, associate professor of finance at Western Kentucky University and director of its personal financial planning program.

The new rule "also applies to informal trust accounts, also known as POD ('pay-on-death') accounts and ITF ('in trust for') or 'Totten Trust' accounts," Rhoades explained.

Rhoades told ThinkAdvisor via a recent email exchange what the new rules mean for advisors.

THINKADVISOR: How has the FDIC changed the limits for trusts?

RON RHOADES: Under the new rule, each trust owner will be insured for up to $250,000 per eligible primary beneficiary, up to a maximum of five beneficiaries. An "eligible" beneficiary can be any living person or an IRS-recognized charity or IRS-recognized non-profit. Only primary (not contingent) beneficiaries count.

For example, a revocable living trust has one owner. The lifetime beneficiary of the trust is the owner, who is entitled to receive income and principal distributions during the owner's life from the trust as the owner requests (and also, during a period of incapacity, for his or her support needs). The owner's spouse is the sole beneficiary of the trust upon the owner's demise. Under this scenario, the insurance limit is (1 trust owner x 2 eligible beneficiaries x $250,000 =) $500,000.

For a joint revocable trust with two owners, which provides for support during the owners' lifetimes for both owners and, upon both owners' end-of-lifetimes, provides for the owners' two children, the insurance limit is (2 trust owners x 4 eligible beneficiaries x $250,000 =) $2,000,000.

In this instance, the two owners are life estate beneficiaries — those who have the right to receive income to use trust deposits during the beneficiary's lifetime. The two children are remainder beneficiaries. Both lifetime and remainder beneficiaries are eligible beneficiaries, even though the joint trust is revocable.

Note that for formal trusts, both revocable and irrevocable, the eligible beneficiaries must be discernable from the trust document. However, it is acceptable that language such as "my issue" or "my then-living lineal descendants" be utilized, as long as the specific names and number of eligible beneficiaries can be determined.

What should advisors know about the new FDIC limits for trusts?

The FDIC has stated that the new rule will make it easier for consumers and bankers to understand deposit insurance limits. It will also help FDIC agents determine which accounts are insured after a bank fails.

The same $1,250,000 limit, per revocable trust account, would also apply to credit union accounts insured by the NCUA (National Credit Union Administration) under an October 2023 proposed rule, which has yet to be finalized.

Under the prior FDIC rule, there was no set limit for the number of beneficiaries on trust accounts. Instead, each beneficiary of the trust had a $250,000 limit. For example, under the now-defunct rule, a trust created by an owner that had 8 nieces, nephews and other beneficiaries could have had a $2,000,000 limit. Under the new rule the limit would be only $1,250,000, as the number of eligible beneficiaries is capped at 5.

Will the change have a big impact on advisors' clients who hold trusts?

The coverage changes apply to both current and new trust accounts. Personal financial advisors may desire to advise their clients about the new FDIC and NCUA limits on deposit insurance for trusts, as often wealthy individuals took advantage of the more liberal prior rules on trusts when purchasing CDs or in maintaining large cash balances in bank money market accounts.

Financial advisors may need to review the rules in greater detail when clients possess a multitude of accounts, such as clients with multiple trusts, different POD accounts, and individual and joint accounts. The FDIC maintains an online insurance limit calculator. It is also possible to contact the FDIC for any questions regarding a depositor's insurance coverage.

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