David W. Harper
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Article 34
New Federal Deposit Insurance Corporation ("FDIC") Regulations on Insurance Coverage.

Effective April, 2004 FDIC regulations now provide where there may be multiple $100,000 maximum insurance coverage with the use of Revocable Trusts. There may be separate accounts of insurance up to $100,000 per "qualified beneficiary." A qualified beneficiary are spouse, children, grand-children, parents, brothers and sisters. Example: John Smith has a bank account in his individual name and a second account titled "John Smith, Trustee of the Smith Family Trust," and the Trust provides that on John's death the Trust corpus is to be distributed equally among his three children. John's individual account would be insured to a maximum of $100,000 and the Trust account would be insured to a maximum of $300,000. If John's wife was co-settlor and co-owner of the bank account, the maximum coverage for the Trust account would be increased to $600,000. There are many facets of this regulation and it is very complicated. The attorney who helped prepare the Trust should be sure that the Trust qualifies and it is written to comply with the regulations. Don't listen to anybody at the bank because the chances of them giving you the proper advice are extremely remote. See 12 CFR § 330.10 (2003).

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