Our Asset Protection FAQ
How valuable do my assets have to be to consider a wealth protection plan? If I put assets in a protected trust, can I get them out if I need them? We tackle questions like these and many more in our asset protection frequently asked questions.
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In Missouri, Is My Child's College Savings Account Protected From Creditors?
NO! In Missouri, if you are sued, your child's college account (also known as a 529 plan) can be taken!
College savings plans pursuant to Section 529 of the Internal Revenue Code (“529 Plans”) can be a valuable vehicle to invest money for the higher education expenses of a child (or other beneficiary). 529 plans are designed to encourage savings for the college or post-graduate education of younger generations. Contributions to a 529 account grow income tax-deferred and distributions for specified higher education expenses are free from federal income tax.
One of the many benefits of a 529 college savings plan is that the account owner will retain control over the account, including the unilateral right to take back the contributions to the account or to change the designated beneficiary to another family member at any time. In addition, the beneficiary of the account (i.e. a child or grandchild) usually does not have the right to access the money in the 529 account. Because the 529 account is an asset of the account owner, a 529 account is subject to the claims of creditors of account holders who are residents of the State of Missouri regardless of whether the 529 account is established through the State of Missouri or another state.
MISSOURI RESIDENTS-CREDITORS CAN INVADE THESE ACCOUNTS! Unlike qualified retirement plans (401(k) plans), IRA and Roth IRA’s which offer certain protections pursuant to the Missouri homestead statutes, there is no protection afforded to 529 accounts from creditor claims of the account owner. Accordingly, if the account owner is faced with a judgment, the creditor has the ability to attach the 529 account to satisfy their judgment, a result which could be devastating to you and your loved ones. Federal law provides some protection for Missouri residents who are owners of 529 accounts if the account owner is in bankruptcy. Absent a bankruptcy, Missouri residents who are owners of 529 accounts (whether such accounts are MOST accounts or another states college savings plan) are exposed to losing their 529 accounts to a judgment creditor!
INTRODUCING THE 529 EDUCATIONAL SAVINGS TRUST: Missouri’s 529 college savings plan (MOST) (as well as most other state college savings plans) allow a trust to be the owner of a 529 college savings plan. The combination of a 529 college savings plan and a specially designed 529 Educational Trust can provide divorce and creditor protections and allow the client to retain the ability to use the funds in a financial emergency. In addition, the client can move the asset between siblings (or other family members) to meet the client’s planning objectives. College savings plans are touted, often appropriately, for their tax deferral and other benefits of saving for college costs. However, it is important to sit down with your estate planning attorney to make sure that the ownership of these plans correctly carries out your planning objectives. If you are concerned about asset protection, estate taxes, control and other issues then you should consider a 529 Educational Savings Trust.
Call us today at 314 966-7766 to learn more about our 529 Educational Savings Trust.
I Recently Signed A Revocable Trust. Will my Revocable Trust Protect My Assets if I Get Sued or From Nursing Home Spend Down?
No. This is a very common misconception. There are several reasons to have a revocable trust. However, asset protection planning and nursing home protection are not reasons to have a revocable trust. Under federal Medicaid law and under most states laws, your revocable trust is considered your asset and must be "spent down" before you qualify for long term care in a nursing home. Also, because your revocable trust is your asset, it can also be reached by your creditors if you get sued.
If you want to learn more about asset protection in Missouri, download a free copy of our report, 10 Questions You Should Ask About Protecting Your Assets in Missouri.