Protecting your assets and the new bankruptcy law

Part Three

Fund Education Accounts

The new bankruptcy law created an exemption for funds put into 529 college saving plans at least two years prior to filing for bankruptcy, just as long as the beneficiary is a child or grandchild. However, it should be remembered that, if you're fending off creditors in a state court, then state laws apply, and they may not give as much protection. So, when a couple contributes to a 529, if one spouse is less likely than the other to be sued, the low-risk partner should be named the account's "owner."

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