The cost of raising a child is constantly escalating, and it is predicted that a child born in 2009 will cost parents $222,360, according to the US Department of Agriculture. If inflation is factored in, this number rises to a staggering $286,050. Education is one of the expenses that has seen the largest increase, making saving for your child’s education a must.
There are many different options for a parent to invest money now so that his or her child will have a secure educational future. One option is setting up an education trust fund.
What Is a Trust?
A trust is a legal arrangement in which property is given by a grantor and is held by an appointed trustee for the benefit of someone else, known as the beneficiary of the trust. The trustee manages the trust and the beneficiary receives the property within the trust.
Trust funds are becoming common amongst parents who would like to make sure their children are well taken care of after the parents have passed, establish financial security, minimize death taxes and preserve their own capital. One option for parents is setting up an education trust fund.
Advantages of a Trust
There are many benefits to establishing a trust; once the trust transfers ownership from the grantor to the beneficiary, the property is no longer included in the grantor’s taxable estate. In addition to the tax benefits that often come with establishing a trust, anyone can set up a trust for any child and the contribution amount per year is unlimited.
The main advantage of establishing an education trust is control; a trustee is appointed by you, the grantor, allowing you to ensure that there is no risk of your child obtaining the rights to the assets before they are of a responsible age. This ensures that if the child is a minor, the trust will control the assets until the child is a responsible adult, as it limits the child's access until he or she reaches a specific age. Therefore, when an educational trust fund is set up by parents for their children, the money should be handled by a trustee who can be responsible for managing the money. This ensures that the child, as the beneficiary, cannot recklessly spend the money that has been set aside for his or her education.
In addition, the assets in the trust do not become part of the grantor’s estate, reducing fees paid on assets and death tax responsibilities after one’s death. Peace of mind also comes with establishing a trust; your trust will ensure that your specific wishes are carried out. Finally, anyone can establish an education trust, whether it is a parent, grandparent, aunt, uncle, or anyone else who holds an interest in the child’s education.
Preserving Your Child’s Education
An education trust allows you to gift property to your child to be used for education purposes. This is a very flexible way to invest in your child’s education, as you can set up a trust using property or funds to benefit your child in the future.
There are two types of trusts a parent (or other benefactor) can set up: a living trust is created during the lifetime of the grantor, while a testamentary trust is established by a provision in a will. Either one can be used to fund a child’s education. For example, a testamentary trust can be established by a last will upon the benefactor’s death and could then be used to provide funds specifically for a child’s education.
A living trust is another option in which a grantor can provide monies towards a child’s education. Living trusts can also help avoid probate, saving time and money. And because the trust document is ordinarily not made public, it provides confidentiality to the grantor.
When Should I Consider an Education Trust?
Because a trust should be established using an outside advisor, a trust should usually be considered if the amount of money you are setting aside for your child is a substantial amount, such as more than $100,000; smaller amounts can be invested in an education savings plan, such as a 529 plan.
Your trust must specify how the assets are managed, so be sure you designate a reliable person to act as the trustee. Because this is an education trust, a clause should instruct how the trust funds are to be used in the event that the child does not go on to pursue higher education.
What Next?
Explore your options. You can specify ages or achievements as the terms of disbursement and you can choose to have the money parceled out over time or delivered in one lump sum. Your decisions will be different depending on what are you trying to accomplish with the trust: Do you want to make a certain amount available each year to pay for an education or do you want your beneficiary to receive all the money upon completion of an education? Also, be sure to speak with a tax professional so you understand how the contributions and dividends will be taxed.
i have approximately 85,000.00 dollars saved on C.DS.AT MY federal credit union.should i open an education trust fund for my granson who is 12 years old,for his college education? I realize that a c.d. is not a profit making investment but i consider it a safe way of keeping my money intact. what advise do you have for this problem? thank you for your time.
Hoe do I set up an Educational Fund for my Unborn Great Grand Children?
Hello, thanks for your inquiry. LegalZoom makes creating legal documents easy and affordable, but we can't give specific legal advice about setting up Educational Funds. If you want help finding an attorney, try our attorney referral network: http://attorneyconnect.legalzoom.com
I got a will, Trust and Power of Atty. maybe six months back. Since that time I have had reason to rethink so of the wording and intensions of the will and Trust. After talking with my mother I'm not sure I made allowances for any money and property that I will receive at my mothers death.Also, the Wayne David Morgan Living Trust, Ricky Alexander Morgan Trustee, was setup for my son Luke Alexander Morgan as beneficiary. At the present time my son who will be 21 years of age on 07Oct.2010, has drug and alcohol addiction. My mother asked me if I had made provisions in case Luke passed before received all of the trust which is to be given to him as needed. I did not make that clear in the 1st Will or Trust. How much trouble will it be to redo just the will? Can I make a codicil to change or add to the Trust?
Finding an independent Financial Advisor in your area can definitely help you in your decision making
I wish to do an educational trust for my children, what are the tax implications for myself for the assets transferred into the trust? Second, what are the tax implications for the trust recipients? When are the assets taxable? The values are small, assets totaling $40,000 at this time.
Hi Cris, thanks for your question. Here at LegalZoom we only offer Revocable Living Trusts, not Educational Trusts. However, an attorney may be able to assist you with your questions. Please feel free to refer to http://attorneyconnect.legalzoom.com
Dear sir, I have some highly appreciated stock. Can I establish a education fund for my grandaughter and place the appreciated stock in the fund at a steped up basis??
Hey great question, and while we can help prepare legal documents, we can't specifically advise you on the establishment of education funds. Maybe try our Attorney Services Department at http://attorneyconnect.legalzoom.com.
Hi,
My ex grandparents set up a family trust , Inside the trust is the words education. Today my ex who is the trustee will not pay for our daughter's car insurance the school is 120 away one way. I don't know to get my ex to pay. any ideas ? thank you
Thank you for contacting LegalZoom, Gary. While we make creating legal documents easy and affordable, we can't give specific legal advice regarding this situation. However, we may be able to help you find an attorney who can assist you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
My husband passed away 9 years ago when our youngest son was 14 years of age, my mother-in-law was still listed as beneficiary on one of my husband's life insurance policies in the amount of $65,000...we no longer talk, according to her, she was putting the money in a trust fund for my son, we never recieved any legal documentation of that, I since have been told by other family members that she used the money to set up a college trust fund for my son through an attorney...is there any way that we can check on this, as he is just now beginning to further his education. Please advise!! Thank You In Advance For Your Time!!
Thank you for contacting LegalZoom. While we make creating legal documents easy and affordable, we cannot offer legal advice on how to check to see whether a trust fund has been established for your son. However, we may be able to help you find an attorney who can assist you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
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