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CD Retitled into Living Trust, Withdrawal Penalty?

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Question: 
When re-titling a CD from the name of the individual into the name of the individual's revocable living trust, I seem to recall that an early withdrawal penalty does not need to be accessed if the "beneficial ownership" of the CD remains the same. Is this true and if so, what is the citation?
Answer: 

"Retitling" a time deposit is a practice only used by the very brave or those who do not understand the uncompensated risks it generates. Accepting the risk of overstatement, I will say it is not possible to transfer ownership of a bank deposit account except as provided under state law; e.g. at death. Time deposits oftentimes clearly indicate they are not transferable in the language of the instrument itself.

A time deposit first owned by an individual and then "transferred" to a trust reflects a dramatic change in beneficial ownership. A trust supported by a written document is a different person altogether.

The question of whether the bank imposes an early withdrawal penalty when an individual customer cashes out time deposits and deposits the proceeds in time deposits owned by a grantor trust is entirely a matter of bank policy. As a matter of practice, as long as the deposits are remaining in the bank, the depositary institution generally does not impose a penalty.

First published on BankersOnline.com 11/27/06

First published on 11/27/2006

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