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#43094 - 04/14/08 04:10 PM Assets from Trust - can 529 help?
IrishCFP
Registered: 02/14/08
Posts: 5
Young man, turning 18 in a few weeks, will be receiving approx. $125,000 from a trust which was established from a lawsuit settlement. He is currently in first year of college & trust assets counted against him for financial aid. Is there any benefit to setting up a 529 with these funds - I would imagine that he would need to be owner & beneficiary. This individual has a disability & attends school with an IEP if that makes any difference.
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#43095 - 04/14/08 05:05 PM Re: Assets from Trust - can 529 help? [Re: IrishCFP]
Drew
Registered: 01/09/00
Posts: 2422
You are bound to get several answers as to grey areas of law and ethics.

If his trust proceeds are placed into a 529 of which he is not the owner nor is parent an owner then under current FAFSA logic then the 529 doesn't count and if the trust itself is empty then that may be moot as well.

Now how far the trustee can stretch his powers may depend on what the trust says AND who if anybody is there to object--clearly if the 18 year old come s out ahead its hard to say the trustee did not do well for the beneficiary. Now som emay say this endruns the social intent of aid rules---but the trustee is there to look out for best /safest investment options for the beneficairy--and a 529 may be a better / safer answer for teh kid involved.

The IEP is not relevant.

How to exit the 529 once past college is not rocket science--and any exit penalities pale if the aid issues worked
_________________________
Drew

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#43300 - 05/10/08 08:45 AM Re: Assets from Trust - can 529 help? [Re: Drew]
dallasdude
Registered: 05/10/08
Posts: 6
Seems to me that the trustee was there appointed by the court to assure that the parents/guardians didn't avail themselves of these funds. Therefore a fiduciary role was minimal and or there to safely invest the funds until the child was of age. So here in lies the dilemma of the mentality of this young adult. A sports car or an education? Its only money and we, or most of us, are materialistic at that age. It will be a lesson learned if in fact he takes the proceeds, to which he/she is entitled to, and spends it (on something which a sane, rational, and mature adults might not approve of) on the so called Madison Ave spoils. As if the taxpayers and or assets of a society be used to offset funds when there in no need demonstrated?
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#43320 - 05/12/08 12:31 PM Re: Assets from Trust - can 529 help? [Re: dallasdude]
IrishCFP
Registered: 02/14/08
Posts: 5
In susequent conversations it turns out assets were NOT in trust....parent was listed as guardian using childs SS #. A court in NYC established the account with a bank under very restrictive conditions. Now that the minor is 18 he can still set up a 529 with himself as owner & beneficiary, correct? Won't that help here shortly in that it would be counted as a parent asset vs. childs asset. Should be able to contribute 60k this year & next.
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#43324 - 05/12/08 03:53 PM Re: Assets from Trust - can 529 help? [Re: IrishCFP]
Drew
Registered: 01/09/00
Posts: 2422
You are into a decidedly gray area and there may not be law against certain moves or the enforcement of same may not be relevant to the issues at hand.

I would NOT assume that the young mans sole option is a 529 that he is both owner and beneficiary of---and I'd not think that to be my top choice.
Me, if the funds were delivered to youngster with righthand and he swept same into 529 which named him as beneficiary but some other "safe" adult was the named owner--tell me what law say that would not work better...plus young man could transfer unlimited of his funds to himself in such a 529 plan(s) up to some cap of reasonableness say $350,000.

The rules about how to count kid owned 529s vs parent owned 529s may bound around a bit--so why risk the issues if they can be avoided. In any case a under current rules a 529 is far far less aid ofsetting that naked assets in kids name.

In some cases such restrictive holdings of assets by a guardian have been worded so as to block thier being counted as available for aid much as others have worded special needs trust to avoid assets in same being used to offset need based aid equations elsewhere. Might be wise to have counsel lookat the precise restrictive conditions set by NY court
In my lay view it was perhaps unwise to use parent as guardian--but I don't know what order says---
_________________________
Drew

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#43325 - 05/12/08 03:56 PM Re: Assets from Trust - can 529 help? [Re: Drew]
Drew
Registered: 01/09/00
Posts: 2422
As an aside, it may make sense to max up the availalbe Perkins and Stafford loans--why--because rules essentially wipe out such loans if at end of the road the young man is unable to enter job market--and other rules provide for forgivness if he enters various public service roles
_________________________
Drew

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