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Q&A: Financial aid and 529 plans

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Dear Liz: As a grandparent who has established 529 accounts for each of my grandchildren, I was particularly interested in your advice to the writer who asked you how to use money that’s left in the 529 account to pay off a loan debt. Although it seems that “the horse had already left the barn,” why didn’t the niece use all the funds in the 529 account before accruing student loan debt? Am I missing something?

Answer: It’s possible the withdrawals could have reduced the niece’s financial aid, so she opted to take out loans instead.

In the past, the federal financial aid formula heavily penalized withdrawals from 529 college savings accounts held by people other than the beneficiary’s parents. The accounts themselves weren’t counted by the formula, but any withdrawals were treated as untaxed income to the student. The standard advice was to wait until the last financial aid form had been filed to begin taking withdrawals.

That’s going to change, although not as soon as originally expected.

The Consolidated Appropriations Act of 2021 required the Free Application for Federal Student Aid, or FAFSA, form to be simplified, removing several questions including one about whether the student got money from people other than parents.

The new FAFSA form was supposed to be released next year, but the Department of Education announced in June that the proposed changes would be delayed but implemented in time for the 2024-25 award year. Until the form has been updated, you’d be smart to hold off on tapping the 529s if your grandchildren will need financial aid.

Q&A: Mailing checks really is a bad idea

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Dear Liz: I differ with your opinion that electronic payments are far more secure than sending checks through the mail. My own personal experience sending checks for about 40 years with only one mishap (which wasn’t attributable to the USPS) provides great confidence in mail as a payment system. In contrast, not a month goes by without news of some large organization entrusted with all kinds of personal and financial information being breached in a cyberattack. If the bad guys get my credit card information, I’m out no greater than $50. I’m not also going to risk them having my bank account and routing numbers for the dubious convenience of saving a stamp. Yes, mailboxes get broken into, but until there are real penalties for inadequate computer security, corporations will continue to underfund their network security and be reactive instead of proactive. I’ll take my chances with the local thieves and not the worldwide population of black hat hackers.

Answer: You’re quite right that databases where information is stored can be vulnerable to hackers if companies don’t take the proper precautions. But avoiding electronic payments doesn’t keep your information out of those databases. Information about you is collected and stored whether you like it or not. You didn’t contribute your Social Security number, date of birth and credit account details to Equifax, for example, but chances are good you were one of the 147 million Americans whose information was exposed when that credit bureau was breached.

In contrast to some databases, electronic payment transactions have strong encryption that makes it extremely difficult for hackers to intercept and read the information. Criminals would much rather target information that’s at rest in databases than try to capture and decode it in transit.

Your checks are almost certainly being converted to electronic transactions, in any case. Few checks are physically passed between banks these days. Often a biller will take the routing and account numbers that are printed on your check and use them to request an electronic funds transfer through a clearinghouse such as the Automated Clearing House (ACH).

Because those numbers are printed on every check you send out, by the way, anyone who sees that piece of paper, from a mail thief to someone inputting the payment into a company’s computer system, could misuse that information. That’s a far bigger risk than the possibility an electronic payment could be hacked in transit.

Q&A: Establish home’s value at spouse’s death

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Dear Liz: I think you left one thing off your list of things to do when your spouse dies. If you’re a homeowner, establish the value of the house as of the date of death. The best way would be to have a local Realtor run some comparables for your neighborhood. But even a printout from Zillow would suffice. As you know, a surviving spouse receives a step-up in basis as of the date of death so it’s important to know what the house was worth at that time for when the house is sold down the road. I see many clients at our CPA firm who have to try to figure out many years later what their house was worth when their spouse died.

Answer: Thank you for the excellent suggestion.

In fact, many things were left off last week’s list of things to do when a spouse dies, which is why I directed people to their attorney or accountant for a detailed checklist. I also recommended people consult a fee-only financial planner, since there probably will be decisions that require expert help.

Q&A: Tax consequences of giving versus bequeathing

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Dear Liz: Someone who expects to be an executor recently wrote to you about a plan to distribute individual pieces of art to family members. Your response addressed the executor’s responsibility to determine the art’s worth before doing so. You also suggested having the parent designate what was to go to whom. What would the consequences be of the parent giving the pieces of art to the intended recipient prior to death? My mother did both; i.e., gave some to me and some to my sister prior to her death, and designated others to be distributed following her death. She had personal rather than financial reasons for doing it this way.

Answer: Let’s say your mom bought a painting from a struggling artist for $500. Later, the artist became famous and the painting’s value rose to $500,000. If she gave you the painting and you sold it, you would have to use the amount she paid — her basis — to determine the taxable profit ($499,500).

If she bequeathed the painting to you instead, the artwork would get a new tax basis which is usually its value on the day she died. You could sell the painting for $500,000 and not owe a dime in taxes.

Few people have artworks that experience that kind of appreciation — or any appreciation, for that matter. The issue of basis most often comes up when people are transferring real estate, stocks or other assets in transactions that are reported to the IRS. If your mom did have valuable works, though, transferring them through bequests could be advisable.

Q&A: To sell or not to sell that collection

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Dear Liz: You’ve twice advised collectors to sell their collections while they’re still alive, rather than leave the task to an executor who won’t have the collector’s intimate knowledge of the market for these items. Collectibles bring joy to the collector and are probably most valued the closer the end approaches. It would bring sadness rather than joy to unload them right at that point in life. Right now, I’m trying to declutter my house and even the stuff that has been moldering in boxes for decades hurts a little to let go of. I’m named as the executor in a buddy’s trust and will need to move his tools. Even if his old arthritic hands can’t operate the lathe anymore, he looks at the machine and I can see the memory of turning a bowl in the expression he wears. I say, accept the responsibility of an executor fully.

Answer: If you haven’t served as an executor, you may not fully understand how daunting and time consuming the task can be even without having to deal with a large collection.

No one is suggesting that people divest themselves entirely of a prized collection. But letting go of stuff can be immensely freeing, as well as a real gift to the people we leave behind.

If you need motivation to continue your decluttering, consider reading Margareta Magnusson’s book, “The Gentle Art of Swedish Death Cleaning: How to Make Your Loved Ones’ Lives Easier and Your Own Life More Pleasant.”

Q&A: Retitling a deed after marriage

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Dear Liz: Our house was titled “joint tenant with right of survivorship” after my husband inherited the property in 1998. As a same-sex couple, we were not married at the time. However, we legally married in 2013. Will one of us get the step-up in tax basis when the other passes, or do we have to retitle the house some way? We also want to avoid probate. We live in California.

Answer: As you know, California is one of the community property states that allows both halves of a property to get a step-up in tax basis when one spouse dies. This double step-up can be a huge tax saver, since none of the appreciation that happened before the death is taxed. Other community property states include Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In Alaska, spouses can sign an agreement to make specific assets community property.

In contrast, in common law states, only half of the property gets the step-up to a new tax basis when one spouse dies. The other half retains its original tax basis.

Although assets acquired during a marriage are generally considered community property regardless of how they’re titled, in your case the property was acquired before marriage. The current title of joint tenants with right of survivorship would avoid probate, but it will not achieve full step-up in basis when the first spouse dies, said Mark Luscombe, principal analyst for tax research firm Wolters Kluwer.