The Estate of The Union Season 4|Episode 2 is out now! In this episode of the ESTATE OF THE UNION, Brad Wiewel is going to discuss gifting to grandchildren – is it a blessing or a curse?
As a great general rule, people who have grandchildren are entranced by them! They typically have plenty of photographs to share and stories to tell. These kids are perfect and always will be – right?
In this edition of the Estate of the Union bought to you by Texas Trust Law, Brad Wiewel has some advice for grandparents which may seem to be contrary to the general idea that making substantial gifts to those adorable grandkids is always the right and proper thing to do. Maybe Brad is getting a little bit jaded as he ages, or maybe his advice is worth considering – you get to decide! Is gifting to grandchildren a blessing or a curse?
In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 4|Episode 2 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.
Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. We provide estate planning services, asset protection planning, business planning, and retirement exit strategies.
In a perfect world, you create your will with the guidance of an experienced estate planning attorney, your heirs inherit their legacy and everyone lives happily ever after. In the real world, however, it doesn’t always work out that way. Every year, families scrap over inheritances, says a recent article from Market Watch, “Avoid drama with your will by adding this to your estate plan.” What can you do? Consult with your estate planning attorney about the possibility of including a no-contest clause in your estate plan. How does a no-contest clause protect your will?
This can deter heirs from challenging your will by creating a no-win situation if they challenge the will in court. When a no-contest clause is included in the will, the beneficiary risks losing their entire inheritance.
The goal is to avoid challenges resulting from an emotional response to grief, which is not unusual, or a long-standing family resentment emerging after the death of a parent. People who are quick to pursue litigation will think twice with a no-contest clause.
Is it possible your heirs might challenge your will? Even if the likelihood is low, it’s worth adding the clause. Estate litigation is lengthy, expensive and emotionally draining. Second marriages, economic disparities among siblings, or estranged offspring provide fertile grounds for will challenges. However, even happy families sometimes find themselves in court battles when large inheritances are at stake.
Another factor: seniors who live longer than expected may have heirs who thought they were receiving a substantial inheritance. When there’s a smaller inheritance, the surprise can lead to litigation. Unfortunately, the cost of estate litigation can significantly reduce the value of an inheritance, making it even smaller.
Warren Buffett’s advice to talk about your estate plan with your adult children is a straightforward and sound approach for most families. Offspring taken by surprise in a time of emotional turmoil are more likely to become contentious.
You don’t have to reveal every detail to your heirs. However, you can educate them about the contents of the will and the estate in general. Letting them know about the no-contest cause and your reasons for adding it may preempt strong reactions if they don’t learn about it until after you’ve passed, and they can’t get answers to their questions.
If the family is a blended one, someone is going to be left out entirely, or there are nuances, such as one person inheriting outright while another receives distribution through a trust over time, there’s the possibility of a challenge. If you plan to give assets to someone who isn’t a family member, like a charity or a close friend, the family may unite to challenge the will.
Work with an estate planning attorney to discuss how a no-contest clause can protect your will. A no-contest clause isn’t a guarantee there won’t be a challenge after you’ve died. However, it’s a simple thing to insert into your will and reduces the risk. If you would like to learn more about no-contest clauses, please visit our previous posts.
For small business owners, a sudden death or disability can put a company at risk, leaving partners, employees and family members struggling to manage operations. Protecting your business with life insurance is critical. It serves as a financial safety net, helping businesses cover debts, maintain cash flow and ensure a smooth ownership transition in case of an owner’s passing.
Why Life Insurance Is Essential for Business Owners
Unlike traditional employees, business owners do not have employer-provided life insurance benefits. Without a plan in place, unexpected loss can lead to:
Financial strain on surviving family members who may inherit business debt
Difficulties in succession planning, leaving employees and partners uncertain
A forced sale of the business to cover liabilities or taxes
Owners can protect their assets, partners and loved ones by incorporating business-focused life insurance policies.
Types of Life Insurance for Business Owners
1. Key Person Life Insurance
A key person insurance policy covers the loss of an essential employee or owner whose expertise, leadership, or financial contributions are critical to business success.
The business owns and pays for the policy
If the insured person dies, the company receives the payout
Funds can be used to cover lost revenue, hire a replacement, or settle business debts
This policy is essential for small businesses where one person drives most of the revenue.
2. Buy-Sell Agreement with Life Insurance
A buy-sell agreement funded by life insurance ensures a smooth ownership transition if one partner dies or becomes disabled.
Each partner owns a policy on the other’s life
If a partner passes away, the surviving owner(s) receive funds to buy the deceased’s share
Prevents the business from falling into legal or financial limbo
This arrangement provides stability for the company and fair compensation for heirs without forcing them into business operations.
3. Term vs. Permanent Life Insurance for Business Owners
Term Life Insurance: Provides coverage for a set period (e.g., 10, 20, or 30 years) and is affordable. Ideal for covering temporary business loans and obligations.
Permanent Life Insurance: Offers lifetime coverage with a cash value component. It can fund succession plans or provide liquidity for estate taxes.
Business owners should assess their specific needs to determine the right coverage type.
How Life Insurance Helps Business Continuity
1. Covering Business Debts and Loans
Many small business owners take on significant personal debt to grow their companies. If an owner dies, these debts do not disappear. Life insurance can help:
Pay off outstanding business loans and protect assets
Prevent creditors from claiming company property
Ensure that surviving family members are not burdened with financial obligations
2. Providing Financial Stability for Employees and Partners
A business without a contingency plan can quickly lose employees and clients. Life insurance provides:
Cash flow to continue payroll and operations
Stability to retain key employees during the transition
Security to keep the business running smoothly
This protection reassures employees and investors that the company can survive unexpected losses.
3. Estate Planning and Tax Benefits
For business owners with significant assets, life insurance can help cover estate taxes, preventing the need to sell off parts of the business. Benefits include:
Liquidity to pay taxes without affecting operations
Tax advantages when structured correctly under estate planning laws
Smooth transfer of ownership without financial strain on heirs
Proper planning ensures that a business remains an asset for future generations.
Secure Your Business’s Future with Smart Planning
Life insurance is a critical tool for protecting small businesses, ensuring that owners, employees and family members are financially secure in the event of the unexpected. If you would like to learn more about life insurance and estate planning, please visit our previous posts.
When a loved one passes away, their home is often one of the most significant assets left behind. However, managing an inherited property can be complicated, involving legal procedures, financial obligations and potential family conflicts.
Knowing what steps to take can help heirs navigate the probate process, handle property expenses and decide whether to sell, rent, or keep the home.
Understanding Probate and Property Transfers
1. Determining Ownership and Title
Before making any decisions, confirming who legally owns the property is essential. Ownership depends on:
Whether the deceased had a will or trust specifying beneficiaries
The state’s inheritance laws if no will exists (intestate succession)
Whether the home was jointly owned by a surviving spouse or co-owner
If the property is included in a will, it must go through probate before transferring it to heirs. However, probate may not be necessary if it was placed in a living trust or owned jointly with survivorship rights.
2. Navigating the Probate Process
If the home is subject to probate, the executor of the estate is responsible for:
Filing legal documents to initiate probate
Paying outstanding debts and property taxes before distributing assets
Determining if the house must be sold to settle debts or be transferred to heirs
Probate can take months or even years, depending on the complexity of the estate. If multiple heirs inherit the home, they must agree on how to proceed with the property.
Financial Responsibilities of Inheriting a Home
1. Covering Mortgage and Property Expenses
If the home still has a mortgage, the heir must continue making payments or risk foreclosure. Other financial obligations include:
Property taxes and homeowner’s insurance
Utility bills and maintenance costs
Homeowners’ association (HOA) fees, if applicable
If the deceased had a reverse mortgage, the estate may need to sell the home or pay off the loan before inheriting it.
2. Selling vs. Keeping the Home
Once ownership is settled, heirs must decide whether to:
Keep the home – Ideal if a family member plans to live in it or use it as an investment.
Sell the property – A common choice to divide assets among heirs and cover expenses.
Rent the home – Provides an income stream but requires property management.
A legal dispute may arise if multiple heirs inherit the home but disagree on what to do. Having a clear estate plan can help prevent these conflicts.
Steps to Take When Managing an Inherited Home
Secure the Property – Change locks, check for damages and notify homeowners insurance of the owner’s passing.
Review Debts and Expenses – Determine if the home has outstanding loans, unpaid taxes, or liens.
Get a Home Appraisal – Assess the market value to guide selling, renting, or estate distribution decisions.
Settle Ownership and Probate Issues – Work with an attorney to transfer the title to heirs or sell the property.
Decide on Next Steps – Weigh financial and personal factors before keeping, selling, or renting the home.
Get Legal Guidance for Managing an Inherited Home
Managing an inherited property can be complicated, requiring careful legal and financial planning. Whether you need to navigate probate, resolve title issues, or explore selling options, and experienced estate planning law firm can help ensure a smooth transition. Id you would like to learn more about inherited property, please visit our previous posts.
Many people add family members or spouses as joint owners of bank accounts, real estate, or investments to simplify estate planning and avoid probate. While joint ownership can offer convenience and asset access, it also presents serious risks that can lead to financial disputes, tax liabilities and legal challenges. Understanding the downsides of joint ownership is essential before making decisions that could impact your estate and beneficiaries.
What Is Joint Ownership?
Joint ownership means that two or more people share legal ownership of an asset. There are different forms of joint ownership, each with unique rights and implications. Some common types of joint ownership include:
Joint Tenancy with Right of Survivorship (JTWROS) – If one owner dies, the other owner(s) automatically inherit the asset. Common among spouses.
Tenancy in Common – Each owner holds a separate, distinct share of the property. Shares can be passed down in a will instead of automatically transferring to co-owners.
Tenancy by the Entirety – A unique form of joint ownership for married couples that offers protection from creditors in some states.
Joint Ownership of Bank Accounts – Gives all owners full access to funds, even if one person contributed all the money.
While these arrangements may seem beneficial, they can create unintended financial and legal consequences.
The Risks of Joint Ownership
1. Loss of Full Control Over the Asset
Adding a co-owner means you no longer have sole decision-making power. If you own property or an account jointly, the other person:
Must approve any sale or significant financial decision
Can legally withdraw funds or take actions you may disagree with
May refuse to cooperate in estate planning decisions
For example, if you add an adult child to your house deed, you cannot sell or refinance the home without their approval. If your relationship changes, legal conflicts may arise.
2. Exposure to the Co-Owner’s Debts and Liabilities
If a joint owner has debt, gets sued, or divorces, creditors can go after jointly owned assets. This means:
A co-owner’s financial troubles can result in liens or judgments against your property
The asset may be subject to seizure by creditors or division in a divorce settlement
You could lose control over the asset due to someone else’s financial mistakes
This is particularly risky when adding children or relatives with unstable finances or creditor issues.
3. Unintended Tax Consequences
Joint ownership can create tax problems, especially when transferring assets. Common tax issues include:
Capital gains taxes – If a property or investment is sold, the IRS may assess capital gains based on the original purchase price, not the market value at death.
Gift tax liability – Adding someone as a joint owner may be considered a taxable gift, requiring IRS reporting if it exceeds the gift tax exemption limit.
Loss of step-up in basis – Heirs who inherit assets outright get a “step-up” in tax basis to current market value, reducing capital gains taxes. With joint ownership, this benefit may be lost.
Without proper estate planning, heirs may owe more in taxes than necessary.
4. Complications in Estate Planning
Many people use joint ownership to avoid probate. However, this strategy can backfire. Risks include:
Disinheriting intended beneficiaries – If one joint owner survives, they get full ownership—even if your will says otherwise.
Unequal distribution of assets – If you own multiple assets jointly with different people, some heirs may receive more than intended.
Legal disputes – Family members may contest asset distribution if joint ownership conflicts with your will.
A well-structured trust or beneficiary designation often provides a more reliable way to pass down assets.
When Joint Ownership Might Be Appropriate
Despite its risks, joint ownership can be helpful in certain situations. For instance, it’s suitable if you trust the co-owner completely and want them to have full rights to the asset. There are also few drawbacks if the asset has minimal value or no tax consequences or if both parties contribute equally to the asset.
In most cases, estate planning tools such as trusts, payable-on-death accounts, or transfer-on-death deeds provide greater protection and control.
Protect Your Assets with Smart Estate Planning
While joint ownership may seem easy, it often creates more problems than it solves. Understanding the downsides of joint ownership is essential before making decisions that could impact your estate and beneficiaries. Before adding someone to your assets, it’s essential to consider the legal, financial and tax consequences. If you would like to learn more about joint ownership, please visit our previous posts.
Timeshares are often marketed as affordable vacation ownership. However, what happens when they become part of an estate? Many heirs are surprised to learn that timeshares do not function like traditional real estate assets—instead of inheriting a valuable investment, they may be left with ongoing maintenance fees, restrictions on resale and unexpected legal obligations. Understanding the downsides of inheriting a timeshare can help beneficiaries decide whether to keep, sell, or disclaim the property.
The Hidden Costs of Inheriting a Timeshare
Unlike traditional real estate, timeshares come with mandatory fees and restrictions, making them a financial liability rather than a valuable inheritance.
1. Ongoing Maintenance Fees
One of the most significant downsides of inheriting a timeshare is the never-ending maintenance fees, which must be paid whether you use the property. These fees:
Increase annually, often outpacing inflation
Can amount to thousands of dollars per year
Must be paid even if the timeshare goes unused
Failure to pay can result in collections, credit damage, or even foreclosure.
2. Difficulty Selling or Transferring Ownership
Many assume they can sell an inherited timeshare. However, resale is notoriously difficult. Timeshares:
Depreciate quickly and often have little to no market value
Have limited buyer demand, even for desirable locations
May include contract clauses that restrict resale or transfer options
Some heirs spend years trying to offload an unwanted timeshare, only to realize they are stuck paying fees indefinitely.
3. Potential Legal Liabilities
If a timeshare is deeded property, heirs become legally responsible for all associated costs. This means:
The management company can take legal action to collect unpaid fees
Inheritance laws may force multiple heirs to share financial obligations
Some contracts bind heirs indefinitely, making it hard to walk away
Even if a timeshare seems appealing initially, the long-term costs and restrictions can outweigh any perceived benefits.
How to Avoid Inheriting a Timeshare
1. Disclaiming the Inheritance
Heirs are not required to accept a timeshare inheritance. If an estate includes an unwanted timeshare, beneficiaries can legally disclaim it by filing a formal refusal with the probate court before taking ownership.
However, disclaiming must be done before using the timeshare or making any payments, as this can be seen as accepting ownership.
2. Negotiating a Deed-Back with the Resort
Some resorts allow heirs to return the timeshare through a “deed-back” program. This involves:
Contacting the timeshare company to check eligibility
Submitting necessary paperwork to relinquish ownership
Paying any final fees required to exit the contract
Not all resorts offer this option; some may charge a fee for releasing ownership.
3. Seeking Legal Assistance to Exit a Timeshare
If a resort refuses to take back the timeshare, an estate planning attorney can help explore other legal options. This may include:
Reviewing the contract for loopholes
Negotiating with the management company
Exploring legal exit strategies that protect the estate from liability
Many families assume they must accept an inherited timeshare. However, it may be possible to legally remove this financial burden with the right approach.
Should You Keep an Inherited Timeshare?
While most heirs choose to avoid inheriting a timeshare, some may find value in keeping one under the right conditions. It may be worth keeping if:
The location is desirable and frequently used by family members
The maintenance fees are affordable compared to rental costs
The contract allows for flexibility in usage and resale
However, long-term costs and restrictions should be carefully evaluated before deciding. Understanding the downsides of inheriting a timeshare can help you avoid a potentially costly and difficult headache. If you would like to learn more about managing inherited property, please visit our previous posts.
Building wealth is only half the battle—ensuring that it lasts for future generations requires careful estate planning and strategic wealth management. Many families fail to implement a structured plan, leading to lost assets, unnecessary taxes and family disputes. Without the proper legal and financial strategies, even substantial inheritances can be squandered within a generation. Estate planning can bridge the gap between generational wealth; ensuring that wealth is protected, distributed according to the family’s wishes, and sustained for years to come.
Why Generational Wealth Often Fails to Last
Studies show that 70% of wealthy families lose their wealth by the second generation and 90% by the third. The primary causes include:
Lack of financial literacy – Heirs often receive wealth without a plan for responsible management.
Estate tax burdens – Without proper planning, substantial portions of an estate may be lost to federal and state taxes.
Legal disputes – Poorly structured wills and trusts often lead to costly inheritance battles.
Failure to adapt to changing financial laws – Inheritance laws, tax regulations and trust structures evolve over time.
Estate planning provides legal structures and safeguards to prevent these issues and ensure that family wealth remains intact.
How Estate Planning Protects Generational Wealth
Structuring Trusts for Long-Term Asset Protection:
Trusts are among the most effective tools for protecting wealth and ensuring that assets are passed down responsibly. Unlike a will, which simply distributes assets, trusts provide ongoing management and protection.
Common trust structures include:
Revocable Living Trusts – Allow individuals to control assets during their lifetime, while avoiding probate upon death.
Irrevocable Trusts – Provide stronger asset protection and tax advantages by permanently removing assets from the grantor’s estate.
Generation-Skipping Trusts (GSTs) – Allow assets to bypass one generation, reducing estate tax liability for grandchildren.
Trusts also allow customized inheritance distribution, such as delayed payouts, financial milestones, or incentives for responsible wealth management.
Minimizing Estate Taxes and Legal Fees:
High-net-worth individuals face significant estate tax challenges if wealth is not structured correctly. An estate planning attorney helps reduce tax exposure through:
Charitable giving – Donating assets through charitable remainder trusts or donor-advised funds offers tax deductions while benefiting causes.
Family Limited Partnerships (FLPs) – These allow wealth to be transferred gradually, minimizing tax burdens.
Without tax planning, heirs may be forced to sell assets or businesses to cover tax liabilities.
Preventing Family Disputes Over Inheritance:
Even well-meaning families can experience conflict over wealth distribution. An estate planning attorney helps prevent disputes by:
Creating straightforward wills and trust agreements that specify asset distribution.
Including business succession plans to ensure seamless leadership transitions in family businesses.
Establishing conflict resolution mechanisms like mediation clauses to settle disputes outside of court.
A structured estate plan ensures that inheritance disagreements do not escalate into costly legal battles.
Teaching Financial Responsibility to Heirs:
Wealth transfer is more effective when heirs understand how to manage their inheritance. Estate planning attorneys work with families to:
Educate younger generations on financial management and investment strategies.
Introduce heirs to financial advisors who can help them navigate wealth preservation.
Incorporate inheritance incentives that promote responsible spending and investment.
Without financial education, even a well-structured estate plan can fail to maintain generational wealth.
Estate Planning for Business Owners
Family businesses require careful succession planning to ensure stability after the founder’s passing. An estate planning attorney helps:
Identify and prepare successors for leadership transitions.
Establish buy-sell agreements to ensure smooth ownership transfers.
Structure ownership in trusts or LLCs to provide financial protection.
Companies often struggle to survive past the first generation without a business succession plan.
Secure Your Family’s Financial Legacy
Estate planning can bridge the gap between generational wealth. It will give you the confidence that your assets are preserved, managed wisely and passed down without unnecessary financial losses. if you would like to learn more about managing generational wealth, please visit our previous posts.
High-net-worth individuals and families often hold stocks, real estate, or other assets that have significantly increased in value over time. Selling these assets outright can trigger capital gains taxes, reducing the asset’s net value. However, strategic gifting—whether to family members or charities—can minimize tax liabilities for high net-worth families, while ensuring that wealth is transferred efficiently.
By understanding gift tax rules, charitable giving strategies and estate planning considerations, individuals can preserve more of their wealth while benefiting loved ones and the causes they care about.
Why Gifting Appreciated Assets Makes Sense
Gifting highly appreciated assets offers several financial advantages:
Reduces estate size – Helps minimize estate taxes by transferring wealth while living.
Avoids or reduces capital gains taxes – Capital gains taxes may be eliminated or deferred if an asset is gifted instead of sold.
Supports charitable causes – Donating appreciated assets directly to charities maximizes deductions, while providing financial support to nonprofits.
Leverages lower tax brackets – Gifting to beneficiaries in lower income tax brackets allows them to sell the asset with reduced capital gains exposure.
Careful planning ensures that these benefits are fully realized while complying with tax laws and avoiding unintended financial consequences.
Understanding Gift Tax Rules and Exemptions
The IRS imposes gift tax rules on high-value asset transfers. However, several exemptions allow for tax-free gifting.
Annual Gift Tax Exclusion
In 2025, individuals can gift up to $19,000 per recipient per year without triggering gift tax reporting. Married couples can combine their exclusions, allowing up to $38,000 per couple annually.
Gifting within these limits enables gradual wealth transfer without reducing the federal lifetime estate and gift tax exemption, which currently stands at $13.61 million per individual (subject to legislative changes).
Lifetime Gift and Estate Tax Exemption
Gifts exceeding the annual limit count toward an individual’s lifetime exemption, reducing the amount that can be passed estate-tax-free upon death. However, gifting assets while living can significantly reduce estate tax liabilities for individuals with estates exceeding the exemption amount.
Step-Up in Basis Consideration
Gifting appreciated assets can result in capital gains tax consequences for the recipient. Unlike assets inherited at death, which receive a step-up based on fair market value, gifted assets retain the donor’s original purchase price (basis).
For example:
If a parent purchased stock at $50,000 and it is now worth $250,000, gifting it to an heir would pass on the original cost basis of $50,000.
If the recipient sells the stock, they will owe capital gains tax on the $200,000 gain.
For individuals concerned about minimizing tax burdens for heirs, gifting certain assets while retaining others for inheritance may be the most tax-efficient strategy.
Charitable Giving Strategies for Appreciated Assets
Donating Stock Instead of Cash
One of the most tax-efficient ways to support a nonprofit is by donating appreciated securities directly. Doing so:
Avoids capital gains taxes that would apply if the stock were sold before donating.
Provides a full charitable deduction for the fair market value of the asset.
Maximizes the impact of donations, as the charity receives the full value without tax deductions.
For example, donating $100,000 in appreciated stock instead of selling it and donating cash could save $20,000 or more in capital gains taxes.
Charitable Remainder Trusts (CRTs)
A Charitable Remainder Trust (CRT) allows individuals to donate highly appreciated assets, while retaining an income stream during their lifetime. This strategy:
Defers capital gains taxes, allowing the trust to reinvest the entire asset value.
Provides a charitable tax deduction based on the present value of the donation.
Supports charities, while ensuring a lifetime income stream for the donor or beneficiaries.
CRTs are ideal for those who wish to benefit from their assets while making a long-term charitable impact.
Donor-Advised Funds (DAFs)
A Donor-Advised Fund (DAF) allows individuals to contribute appreciated assets, receive an immediate tax deduction and distribute funds to charities over time. DAFs provide:
Flexibility in choosing which charities to support over multiple years.
Tax-efficient giving by allowing donations to grow tax-free before distribution.
Simplified record-keeping for those making multiple charitable contributions.
DAFs are effective for individuals who want to maximize tax savings, while maintaining control over charitable donations.
Estate Planning Considerations When Gifting Assets
Gifting appreciated assets plays a key role in estate planning, reducing taxable estate size and ensuring smooth wealth transfer. An estate planning attorney can help:
Structure gifts to minimize tax burdens for both the donor and recipient.
Determine whether assets should be gifted outright or placed in a trust for greater protection.
Balance lifetime gifting with posthumous wealth transfer strategies.
For individuals with high-value estates, integrating gifting into a broader estate plan ensures optimal tax efficiency and legacy preservation.
Optimize Your Gifting Strategy with Estate Planning
Gifting highly appreciated assets requires careful planning to balance tax efficiency, wealth preservation and charitable giving. Whether you are donating assets, transferring wealth to family, or incorporating gifting into your estate plan, strategic gifting can minimize tax liabilities for high net-worth families. If you would like to learn more about gifting, please visit our previous posts.
Higher education costs continue to rise, making early financial planning essential for families. Whether parents set aside money in a 529 plan, navigating financial aid applications, or managing estate planning alongside college savings, avoiding common mistakes can save thousands of dollars. A well-planned strategy ensures that families maximize financial aid when planning for college.
Many families unknowingly reduce their financial aid eligibility by incorrectly filling out the FAFSA (Free Application for Federal Student Aid) or structuring college savings accounts in ways that negatively impact aid calculations.
Understanding College Savings Options
Several financial tools help families prepare for the high cost of tuition. However, each option affects financial aid differently. Knowing how assets are counted in the FAFSA calculation can help parents avoid decisions that reduce aid eligibility.
529 College Savings Plans
A 529 plan is one of the most popular ways to save for college. These tax-advantaged accounts allow parents, grandparents, or guardians to invest money for education expenses, while benefiting from tax-free withdrawals when funds are used for tuition, books and housing.
While 529 plans offer tax benefits, they also impact financial aid calculations. Assets held in a parent-owned 529 account count as a parental asset on the FAFSA, reducing eligibility for need-based aid. However, the impact is relatively small—about 5.64% of the account’s value is considered in aid calculations, compared to 20% for student-owned assets.
Custodial Accounts (UGMA/UTMA)
Some families use Uniform Gifts to Minors Act (UGMA) or Uniform Transfers to Minors Act (UTMA) accounts to save for their child’s future. These accounts are considered the student’s assets and carry a much higher financial aid penalty than a 529 plan.
Because the FAFSA formula expects students to contribute 20% of their assets toward tuition, families with large UGMA/UTMA accounts may receive less financial aid than those using a 529 plan.
Trusts and Estate Planning Considerations
Families with substantial assets often use trusts to protect wealth and structure inheritance. While some trusts help secure long-term financial stability, others can unexpectedly reduce financial aid eligibility.
Revocable trusts, where parents maintain control over assets, are counted in the FAFSA calculation as parental assets. Irrevocable trusts, however, may not be considered available for college expenses, depending on how they are structured. Consulting an estate planning attorney can help families balance asset protection with college savings goals.
Common FAFSA Mistakes that Reduce Financial Aid
The FAFSA is the key to unlocking federal financial aid, grants and scholarships. However, errors in the application can reduce assistance or cause costly delays.
Overreporting Retirement Assets
Retirement savings in 401(k)s, IRAs and pension accounts do not need to be reported on the FAFSA. However, many families mistakenly include these figures, inflating reported assets and lowering aid eligibility.
Incorrectly Reporting Parent and Student Income
FAFSA uses tax information from a prior year, meaning financial aid applications for the 2025-26 school year will use 2023 tax data. Families should ensure income and tax figures match IRS records to prevent application errors that could delay aid processing.
Not Using the IRS Data Retrieval Tool (DRT)
The IRS Data Retrieval Tool automatically transfers tax information to the FAFSA, reducing errors and simplifying the application process. Families who manually enter tax data risk inconsistencies that could flag their application for verification, delaying aid decisions.
Failing to Update Household Size or Number of Students in College
Families often overlook changes in household size or the number of children in college, both of which significantly have an impact on aid eligibility. If an older sibling graduates, the remaining student’s aid amount may be lower than in previous years. Keeping this information accurate prevents unexpected reductions in financial aid.
How Estate Planning has an Impact on College Funding
Estate planning ensures financial security for future generations but can also impact how much financial aid a student receives. Families with substantial assets in trusts, large inheritances, or investments should work with an estate planning attorney to:
Minimize FAFSA-reportable assets by structuring trusts appropriately
Use strategic gifting to reduce parental assets while funding education
Ensure inheritance planning does not unintentionally disqualify students from financial aid
Careful coordination between college savings strategies and estate planning ensures that families optimize education funding and long-term wealth protection.
Plan for College and Protect Your Assets
Balancing college savings, estate planning and financial aid eligibility requires careful planning. Whether you are structuring a 529 plan, managing trust assets, or optimizing FAFSA eligibility, a well-planned strategy ensures that families maximize financial aid when planning for college. If you would like to read more about planning for young adult children, please visit our previous posts.
Trusts are not just for wealthy people. They are used when a family has young children and wishes to ensure that there is a plan in place to care for the children in case the parents die or become incapacitated. A recent article from Business Insider, “I asked an estate planning attorney the best way to establish a trust for my 2-year-old daughter,” explains what parents can do to protect their youngest loved ones. What kind of trust helps a family with young children?
There are a few different trusts to consider, depending on your situation:
Revocable Living Trust. The revocable trust is the most flexible. It is a separate legal entity with language directing how assets will be used for different scenarios. For instance, if someone dies or becomes disabled and their beneficiaries are all children, the trustee will manage and allocate necessary financial resources to support the children. Many estate planning attorneys consider a trust even more important than a will, since it doesn’t require the estate to be settled before trustees can access the assets.
An IRA Trust. You may want to consider creating an IRA trust if you own an IRA. This allows a minor child to be the beneficiary of the retirement account. On the death of the IRA owner, assets go into the trust, which has a trustee who manages the asset until the person comes of age or whenever the original owner wants them to receive the money.
When a regular IRA account is left to a minor, the family must petition the court to obtain a court-appointed guardian to manage the account until the minor is of legal age. With an IRA trust, you’ve clarified who the trustee should be and when the child will receive the money. If the money is not needed and can remain in the trust, it is a protected asset for their future.
A Trust for Minors. This allows you to leave assets to a child until they reach a certain age, which you articulate in the trust. You can leave all or a portion of the money to the beneficiary to be distributed when you feel they can manage it. You decide when to release the funds, who the trustee should be, the rules for how the money is to be spent and when the minor may receive income.
An Education Trust. In addition to creating a 529 College Account for a minor child, it’s a good idea to create an Education Trust to be sure the funds will be used for education. You can assign a certain amount for education and state the age you’d like the beneficiary to receive any leftover funds.
An estate planning attorney can help identify what kind of trust helps a family like yours with young children. It will give you the peace of mind knowing that you created a plan for your children or grandchildren to ensure that they have the funds they need in case of tragedy, and place guardrails on the money so it’s protected. If you would like to learn more about estate planning for young children, please visit our previous posts.
Information in our blogs is very general in nature and should not be acted upon without first consulting with an attorney. Please feel free to contact Texas Trust Law to schedule a complimentary consultation.
