Joseph R. Burcke    

Your Personal Family Lawyer for Your Life and Beyond     

Joe Burcke's Fabulously Informative Newsletter  
October, 2008
It's 10 O'clock.  Do you know where your bank deposits are?
It's almost Halloween and it's a particularly scary time this year.
 
"Everybody knows "  that FDIC protects bank deposits up to $100,000.   Whenever you see words like "everybody knows", conventional wisdom holds" or the like, you can bank (no pun intended) on one thing for certain:  the information that follows is wrong
 
This is certainly the case when discussing FDIC insurance protection.  Even as you read this, congress, as part of the Wall Street Bail Out may have increased FDIC protection from the fabled $100,000 to $250,000.
 
But even if this relief is provided by the time you read this newsletter, the questions will still remain for many: "Just how much of my deposits are protected?'  " Do I have to go set up different deposits at different backs to make sure that I am protected?"
 
Well, let's look at the questions starting with the simplest of questions first.
 
What deposits are covered?
 
Only deposits in FDIC insured institutions are covered/  This usually means BANKS.
 
So, let's immediately exclude, brokerage accounts, moneymarket accounts maintained by financial; institutions other than banks, mutual funds, stocks, bonds and most any other type of security you can imagine.
 
If you have any doubt as to whether your bank is FDIC insured, ask them.  They won't lie. It's against the law.
 
What if I have more than $100,000 in any one Bank?  Is the excess covered or not? 
 
The answer, of course, is: "It Depends".
 
FDIC $100,000 protection is actually afforded to each account owner, up to five.
 
Now, before you run out and follow the advice of Jane Bryant to put additional names on your account, remember  adding names to a bank account is the same thing as making a gift of some or all of the account balance to each person added.
 
Why?
 
Because  adding a name to a bank account conveys an undivided ownership interest in that account to each person added to the account.  Moreover, each person has the ability to withdraw all of the account balance at any time without the consent or knowledge of the other joint tenants to the account.
 
So, if I have more than $100,000 in one bank, how can I acquire additional FDIC protection without adding new title owners?
 
Glad you asked.
 
Maintain ownership of your bank deposits in a Revocable Living Trust!
 
Why? 
 
 You can obtain more FDIC protection using a trust account (or a P.O.D. account) by utilizing trust ownership of an account.
 
Under existing FDIC regulations, the $100,000 protection is afforded to each holder of an interest in the account up to a total number of interest holders of  five (5).
 
So, if you are single and have three children and you have created a Living Trust that names your children as beneficiaries of the trust upon your death. Your actual FDIC protection is $400,000.
 
Assume that you are married with three children and the Account your bank deposits are titled in the name of your Joint Living Trust. Your trust provides that the trust property is held for your respective benefits for life and upon the death of the survivor, the remaining balance is distributed equally among your three children.  Your actual FDIC protection is actually $800,000.
 
But if you had 5 children, your maximum protection would stop at $ 1 million.
Why?
 
You  and your spouse are accorded ownership through your joint trust and each of you can have additional parties in interest 
up to four in number.  So, you each get to count your self and you each get to count each of your children. up to a total of 5.
 
Don't believe what I am saying and want to see for yourself?
 
Go to my www.Burckelaw.com and check out the FDIC calculator
 
Next Week We'll discuss business accounts!
Joseph R. Burcke

     Published periodically as the spirit moves us.  We hope you find the articles and news notes included in our newsletter to be interesting  and pertinent to your daily living.  If there is a topic about which you would like more information, please contact us and we will be happy to discuss your topic of interest in a future newsletter.
 
Sincerely,
Joseph R. Burcke,
Your Personal Family Lawyer
 
 
 
 
Personal Family Lawyer Joseph R. Burcke has devoted his legal practice to helping families preserve and protect their future and the futures of their children through estate planning that is tailored to each family's economic circumstances and personal concerns. 
 
From protecting your children in the event of your catastrophic injury to ensuring  their financial well being in the future, we strive to protect you and your loved ones from dangers both foreseeable and unanticipated.
 
As concerned with preserving your family history, values and life's lessons learned and communicating these  valuable family assets to future family members, we have helped hundreds of families  gain peace of mind through the knowledge that their values, hopes and dreams are communicated to their children and grandchildren in a meaningful way.  After all, a family's history and values are among their most precious assets. 
In This Issue
It's 10 O'clock. Do you know where your bank deposits are?
Testimonials
 
We really appreciate your prompt response to our questions and the way you explained something that was foreign to us.  It made it really easy to understand.
 
Linda L.
 
I feel so much better knowing that no matter what, my kids will always be safe and cared for by people I trust, not strangers.
 
Mary T.
 
What a relief!
Thanks for taking the time to explain everything. Before I just knew I had to do something to protect my family. Now, I understand  what needed to be done and why. It's also nice to know that I and my wife have someone to call on if the need arises.
 
Tom M.

Joseph R. Burcke

Your Personal Family Layer 
7777 Bonhomme
Suite 1501
St. Louis, Missouri
314-863-7493
314-863-7494(fax)
 
Free Consultation: If you would like to learn how you and your family can benefit from a comprehensive estate plan tailored to the your specific circumstances and concerns, please print this coupon and bring it with you after making an initial consultation appointment.  This coupon is equal in value to $450.00 the cost of such consultation.


 

 
 

 


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