Preston Estate Planning - May 2024

What Are 529 Plans?

THE ESTATE PLANNING TOOL THAT BREAKS ALL THE RULES

If you’re interested in supporting a family member’s educational costs, keep reading. A 529 plan could be the perfect solution for you. You can easily establish these plans at nearly any financial institution without complex legal paperwork. This savings technique can provide incentive, financial assistance, and even retirement benefits for your child or grandchild. A 529 plan is a tax-advantaged savings plan designed to help pay for education. Contributions to the plan are not considered part of your estate at death. During life, capital gains and earnings from the 529 are tax-deferred for both federal and state taxes if used for educational expenses. The funds in the plan can cover tuition from K–12 and almost all expenses associated with post- secondary education.

Every state sets a cap on how much can be contributed to a 529 plan, but these limits are typically so high that they’re rarely a concern. For example, California has set its limit at $529,000 — a conveniently easy-to- remember figure. Like a gift, the contribution is not considered part of your estate. However, unlike a gift, it is revocable. If you decide you don’t want to pay the intended beneficiaries’ schooling expenses, you can withdraw the entire amount. But be careful — with flexibility comes consequences. If withdrawn, the income earned during the life of the 529 plan will be taxed, and you will pay a 10% penalty. Nevertheless, it might be appropriate if the child or grandchild for whom you created the plan has other goals.

Recently, the SECURE Act added another benefit for 529s. As of 2024, the funds in the plan can be rolled over, income tax and penalty-free, to a Roth IRA account for the benefit of the child/grandchild. However, the plan must be at least 15 years old, and the funds will be subject to Roth annual contribution limits, which in 2024 is $7,000 for those under 50, and an additional $1,000 catchup contribution for those 50 and older. Beneficiaries can “roll over” up to $35,000 in their lifetime. While 529 plans are beneficial in the right circumstances, a word of caution: Don’t prioritize your children’s or grandchildren’s educational needs over your retirement needs. Make sure you are financially secure and able to provide for your future before you consider creating the plan.

2 PrestonEstatePlanning.com

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