529 Plans, 529A/ABLE Accounts and Trump Accounts – What Should You Consider For Your Child and Why?

Saving for a child’s future is no longer a one-account decision. Families may now consider 529 education plans, ABLE accounts and the new Trump Account program. Each offers tax advantages, but each serves a different purpose.
For families raising a child with a disability, the choice is especially important because account ownership and withdrawals can affect SSI, Medicaid and other means-tested benefits.
The right answer may be one account, or a combination of several.

1. 529 Plans: Best for Education
A 529 plan is generally the natural starting point when the primary goal is to save for education.
Earnings grow tax-deferred, and withdrawals used for qualified education expenses are generally federally tax-free. Depending on the plan and applicable rules, qualified expenses can include college and vocational education, apprenticeships, certain K–12 expenses, educational therapies and other qualifying costs.
One of the biggest advantages of a 529 is control. The account owner generally controls when funds are withdrawn and may be able to change the beneficiary to another qualifying family member.
A 529 may also offer additional flexibility through certain rollovers, including a limited opportunity to move funds to a Roth IRA for the same beneficiary if specific requirements are met.
Important: A 529 does not receive the same public-benefits treatment as an ABLE account. For a child receiving or expected to receive SSI or Medicaid, ownership and withdrawals, then next two accounts should be considered and coordinated with the child’s other government benefits & assistance.

2. 529A or ABLE Accounts: Designed for Disability-Related Expenses
An ABLE account, also known as a 529A account, is specifically designed for an eligible individual with a disability. Beginning in 2026, the disability generally must have begun before age 46, subject to the other eligibility requirements.

ABLE accounts can pay for a broad range of qualified disability expenses, including:
• Housing and transportation
• Education and employment support
• Health and wellness
• Assistive technology
• Personal support services
• Legal and financial services
• Oversight and monitoring
• Funeral and burial expenses

This flexibility is one of the major advantages of an ABLE account. Unlike a 529, it is not limited primarily to education.
Even more importantly, ABLE accounts receive favorable treatment under many means-tested federal benefit programs. Special SSI rules apply, including a general $100,000 resource disregard for SSI purposes.
However, ABLE accounts require careful administration. Housing withdrawals, contribution limits and record keeping can affect benefits. In addition, states may have claims against certain remaining ABLE funds after the beneficiary’s death for Medicaid benefits paid after the account was established.

3. Trump Accounts: A New Long-Term Savings Tool
Trump Accounts are a new type of tax-advantaged account designed for children and generally intended for long-term investing.
Eligible children may have contributions made to the account, subject to federal rules and annual limits. A qualifying child may also be eligible for the new $1,000 federal pilot contribution.
The important distinction is that this is not a general-purpose childhood savings account. Ordinary withdrawals are generally restricted before age 18. After that, the account generally follows traditional IRA rules.
For families who can afford to set money aside for the long term, a Trump Account may be a useful supplement to a 529 or other savings strategy.

For a child with a disability, there is an additional planning opportunity: under certain circumstances, the entire Trump Account balance may be transferred to the child’s ABLE account during the calendar year the child turns 17. Because this is a narrow planning window, families should consider the decision well in advance.
So, Which Account Is Right?
There is no universal answer.
For a child without a disability:
• Education is the priority: Consider a 529 first.
• Long-term investing is the priority: A Trump Account may be a useful supplement.
• Both are important: A family may use both accounts for different purposes.

For a child with a disability:
• Preserving SSI or Medicaid is important: An ABLE account should generally be evaluated first.
• Long-term savings are desired: A Trump Account may provide another option but one needs to also have a well-thought out plan as the child approaches age 17 on how to deal with the conversion of this account at age 18 so SSI and Medicaid benefits are not jeopardized
• Significant gifts or inheritances are anticipated: A third-party special needs trust may be an important part of the overall plan.

The Bigger Picture: How These Accounts May Work Together
Each tool serves a different purpose. The best plan coordinates them rather than asking one account to do everything.
Final Takeaway
The right account depends on the child’s needs, disability status, family goals, expected expenses and potential reliance on public benefits.
For families of a child with a disability, these decisions should be considered as part of the child’s broader special needs and estate plan, rather than in isolation.
Before opening an account, contributing funds or moving money between accounts, families should consult an estate planning attorney, tax advisor and benefits professional to confirm the current federal and state rules and understand the potential impact on public benefits.

When a Family Crisis Becomes a Legal Crisis

A recent inquiry to our office highlights why estate planning is about much more than what happens after death.

A grandfather who was his adult son’s primary caregiver, had to be moved to a long term care facility after a fall. The son was seriously ill and had received a terminal diagnosis. Neither had executed Powers of Attorney, Healthcare Directives, or other essential planning documents, like a Last Will and Testament or Revocable Living Trust.

The family suddenly faced urgent questions:

  • Who can access bank accounts to pay bills?
  • Who can make healthcare decisions?
  • Who can manage or sell property if necessary?
  • How can long-term care and Medicaid planning be handled?

Unfortunately, family members do not automatically have legal authority to act simply because they are related. Without the proper documents in place, loved ones are often forced to pursue a court guardianship proceeding, which can be costly, time-consuming, and stressful during an already difficult time.

A properly prepared estate plan typically includes a General Durable Power of Attorney, an Advance Healthcare Directive, and either a Last Will and Testament (Will) or a combination of a Will and Revocable living trust. These documents allow trusted individuals to step in when needed and can help families avoid unnecessary court involvement.

The lesson is simple: once incapacity occurs, many planning opportunities may be lost. The best time to put these protections in place is before a crisis arises.

Does your extended family have a situation like the one above where you or someone else within  your family need to have legal authority to act on their behalf in case of of an emergency? Contact our office today to discuss Powers of Attorney, Healthcare Directives, Living Wills and possibly Medicaid or other death tax planning strategies that can help protect your family and preserve their options as well as their estate for the future.

 

When There Is No Plan: A Costly Lesson for Families

A young woman recently contacted our office seeking guidance about her uncle, who was about to enter a long-term care facility. He was unmarried, had no children, and she was the closest relative willing to help manage his affairs.

Her concerns were common ones:

  • Would her uncle qualify for Medicaid?
  • Would his home need to be sold to pay for his care?
  • Could Medicaid recover the cost of his care after his death?
  • Would she be personally responsible for any unpaid bills?

The first question I asked was whether her uncle still had the capacity to make his own decisions. If he was competent, the most important step was to immediately put proper legal documents in place, including a General Durable Power of Attorney and other estate planning documents. By appointing his niece as his agent, she could legally assist with financial and long-term care planning.

Without these documents, however, the family could be forced into a lengthy and expensive guardianship proceeding simply to gain authority to manage his affairs.

The next question to consider is how the impact of the NJ inheritance tax which is a death tax imposed on all non-Class A beneficiaries. In New Jersey, this tax is avoided where there is a spouse, parent(s) or child to inherit the money but where there are none, as in this case, the impact may be significant.

Therefore, with proper planning, an experienced estate planning and elder law attorney can often help individuals not only qualify for Medicaid, protect certain assets and reduce the amount subject to Medicaid estate recovery but also create a strategic and thoughtful plan to maximize all available exemptions to keep the New Jersey inheritance tax burden at a minimum.

The key takeaway is simple: planning before a crisis occurs creates options. For individuals who do not have a spouse or children, executing legal documents naming their closest relatives outside the immediate family have the authority to act, can save loved ones significant time, expense, and stress.

Don’t wait for a health crisis to begin planning. If you or a loved one may need long-term care in the future, contact our office to discuss your options and ensure the proper legal protections are in place before they are urgently needed.

New FinCEN Residential Real Estate Reporting Rule

What Is Changing?

Beginning March 1, 2026, if you are planning to purchase residential real estate either in an all cash transaction or by privately financing the purchase and you plan to have an LLC or corporation trusts own such property, then you must be report this transaction to the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The purpose of this reporting requirement is to increase transparency in the U.S. residential real estate sector and to combat and deter money laundering.

When Does This Apply?

A report is required if ALL of the following apply:
✔ The property is residential (1–4 family home, condo, co-op, townhome, or residential land)1
✔ The purchase is non-financed (no bank loan secured by the property)
✔ The buyer is a legal entity (LLC, corporation, partnership) or trust; and
✔ No exemption applies (death, divorce, court order, etc.)

What Information Must Be Reported? NOTE: One report is filed per transaction.

The person filing the deed must report:
• Property details
• Seller information
• Buyer entity or trust information
• Beneficial owner information (name, DOB, address, Tax ID, citizenship)
• Total purchase price and payment details

These reports will be maintained by FinCEN in a secure database along with other Bank Secrecy Act (BSA) reports and, like any other BSA report, will be subject to strict limits on use and redissemination. Real Estate Reports will not be accessible to the general public.

1 Properties are considered residential real property even if there is also a commercial element—a single family residence that is located above a commercial enterprise, for example. Additionally, certain types of land on which a residence is not yet built are also included if the transferee intends to build on the property
one or more structures designed principally for occupancy by one to four families

What This Means for You

If you are purchasing residential real estate through an LLC or trust OR our firm is helping you with the deed transfer to an LLC or trust:
• Expect requests from us (or from anyone preparing the deed) for beneficial ownership information
• Allow additional time for the deed to be recorded while this information is collected
• Expect increased fees to be collected as part of the filing fees.
• Expect that if it is determined that you are not exempt, then know that this filing cannot be waived

Exemptions

• Transfers are not reportable if they involve extensions of credit by financial institutions as those institutions that have to abide by their own reporting        requirements2
.• Transfers incident to a divorce or dissolution of marriage or civil union
• Testamentary trusts created by Wills
• Transfers for no consideration made by an individual and/or the individual’s spouse into a revocable trust

Questions?

If you are planning to purchase property through an entity or trust, and need our firm to help you with the deed transfer, then please contact our office early in the process so we can coordinate compliance amongst our team. If we have advised you that you will need a deed transfer as part of your estate planning, then please expect additional time for us to gather the necessary information as well as increased filing fees to be compliant with this requirement.
2 But if the property already has a mortgage on it and our firm is now preparing the deed transfer to LLC or irrevocable trust, we will still need to abide by this additional reporting requirement in addition to obtaining lender consent.

Step-Up in Basis and Joint Trusts

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The income tax treatment of assets at death is governed by Internal Revenue Code §1014, which generally provides for a step-up in basis to fair market value for property included in a decedent’s gross estate. This means that there is sometimes a significant benefit to holding appreciated assets in one’s own name rather than “selling” them during lifetime and incurring capital gains. It’s important to understand that when married couples hold accounts jointly, 50% of the account is considered to be the other spouse. These are especially important considerations for divorce, gift and death tax purposes.
Community Property vs. Equitable Distribution
Before we begin to see the connection between basis and how property is held in a particular state, we need to understand the difference between community property and equitable distribution. In community property states, IRC §1014(b)(6) provides that both the decedent’s and the surviving spouse’s one-half interests in community property receive a full step-up in basis at the first spouse’s death. As a result, 100% of community property may be sold by the surviving spouse with minimal or no capital gains tax. Joint trusts in those jurisdictions are often designed to preserve community property character and efficiently implement this favorable tax treatment.
New Jersey, by contrast, is an equitable distribution state. Ownership controls. At the death of the first spouse, only the decedent’s ownership interest in an asset receives a basis adjustment. The surviving spouse’s interest retains its historic carryover basis. Accordingly, the use of a joint trust in New Jersey does not replicate community property treatment and does not produce a full step-up in basis.
Limitations of Joint Trusts in Equitable Distribution States
In an equitable distribution state, a joint trust:
• Does not alter underlying ownership interests
• Does not convert assets into community property for income tax purposes
• Does not trigger a full basis adjustment under IRC §1014
In practice, joint trusts may also introduce ambiguity regarding ownership, reduce post-mortem planning flexibility, and complicate basis optimization strategies. Therefore, in New Jersey and other non-community property states, separate revocable trusts, coupled with deliberate asset titling, typically provide greater clarity and tax planning precision.