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Posted by Chris Fasano on February 19, 2007, 5:02 am
Does anyone have any experience as to the rules regarding who the new
owner of a 529 plan would be if the owner died and there was no contingent
owner listed on the application, or if the contingent owner had
predeceased?
Someone told me the owner's Will, or the intestate laws, decide the new
owner in this situation. Can this be right? It would mean the assets are
not included in the gross estate for tax purposes, yet included in the
probate estate, subject to spousal right of election. And then, I
suppose, maybe, the 529 assets would be subject to executor's commissions,
etc etc.
Can the 529 plan be used as some sort of family dynasty trust? Owner and
beneficiary changed from generation to generation by death, without any
distributions being made for education at all?
What do you think?
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