Financial Advice I Would Give My Younger Self – Planning for Education Funding

At the end of most lectures I give, the arbitrator usually questions, “What else should our consultation know?”  I always look at the younger members in the room or on the screen and reckon — if only I knew this when I was your age. 

While my affair is in as long as fiscal and wealth schooling advice to clients who have already built a noteworthy amount of wealth, there are many essential schooling strategies that apply to those just early out in their careers, things, which frankly, I wish I knew when I was growing up.  Consequently, I am penning this four-part series on schooling advice I would give to my younger self.  The topics will range from schooling for college savings, young families, retirement, to caring for aging parents.  This first article focuses on schooling for college savings.

Saving for college is often thought of from the perspective of the parent saving for the child, and if you are one of the lucky ones whose parents can afford to have done that for you, excellent for you.  But, college savings, or more appropriately culture savings, is not a area exactingly modest from parent to child.  As a young adult, you can start thought about saving for higher culture and how to do that in a tax-well-methodical manner.   Particularly, I am referring to a 529 college savings plot and Roth party retirement account (IRA).  

529 College Savings Plans Aren’t Just for Kids

The 529 college savings plot is a tax-privileged vehicle calculated for culture savings. Money held inside these fiscal proclamation can grow income-tax-late, and when money is eventually spread for the use of certified culture expenses, it will also be income-tax-free.  In other words, return and appreciation from funds held in a 529 account can be absolutely income-tax-free if used for culture needs.  

For many, the first encounter with a 529 account is when a young parent opens one for a newborn child — that was surely my case as my first 529 account was opened for my son a few months after his birth.  Here’s the advice that I wish I had known years before — you can open an account for physically.   Instead of putting your extra savings early on in your career into a savings or investment account where appeal and growth would be taxable, thought-out instead putting those savings into a 529 account for your own benefit.  If you go to modify school, you can then use that money to pay for tuition, books and room and board.   As with any tax-privileged account, the value of compounded income-tax-free growth can be a excellent boost to the bottom line.  In addendum, certain states also offer a tax deduction or credit on donations to a 529 account. 

You may wonder — what if I don’t go to modify school or I receive outside funding like a erudition?  Money from a 529 plot can still be withdrawn for any use (i.e., non-culture use), but the withdrawal will be subject to income tax at the time of delivery and a 10% penalty if it is not used for qualifying culture expenses.   Even so, you still may come out ahead, because depending on the investment growth and the length of time the 529 account has been opened, the value of the compounded income-tax-free growth right through the years may outweigh the tax and penalty imposed for taking a non-qualifying withdrawal.  

What is more likely, and where the long-term view comes in, is to reckon of the 529 account as a tax-privileged vehicle not only for your culture, but for any loved one’s culture.  You can rename the receiver of a 529 account to a qualifying family member (e.g., another child, niece, nephew, in-laws), which means that if you eventually do not need the money for your own culture needs, you can fruitfully “conveying” those funds to another for his or her own culture, all while earning the same income tax refund.  

In retrospect, not only should I have opened a 529 account for my own law school culture, I should have nonstop to say to the account and “transferred” it to my son when he was born as the new receiver.  Had I done that, I would have jump-started my son’s college culture savings by a excellent 15 years of tax-free compounded growth. 

Roth IRAs Aren’t Just for Retirement

Another tax-privileged vehicle that may be used for culture savings is a Roth IRA. These fiscal proclamation are often thought of for retirement purposes, which is how they are primarily used.   The advice I would give to my younger self is to thought-out using this approach for culture funding as well and not only for retirement. 

 Similar to a 529 plot, return and appreciation earned from funds held in a Roth IRA are income-tax-late, with the the makings of eventually being tax-free.  The donations you make to a Roth IRA can be accessed at any time without tax or penalty. Furthermore, when return and growth are spread out of the Roth IRA, it is also income-tax-free (provided it is a certified delivery – more on that in a bit), in any case of the use. 

The Domestic Revenue Service (IRS) also provides a penaltyfree delivery from the Roth IRA to pay for higher culture expenses for physically, spouse, family, or grandchildren, provided that the delivery does not exceed the expenses for the year. Of course, if the assets are eventually not needed for culture, the Roth IRA can eventually be used for retirement. 

There are some key differences between 529 plans and Roth IRAs that one should thought-out when schooling to use either for culture savings purposes. The first is in timing.  While you may make a delivery out of a Roth IRA at any time, there will be a 10% early withdrawal penalty if the delivery was made before age 59½, unless an exclusion applies.  If a delivery was made within the first five years after a role to a Roth IRA, there will also be an income tax imposed at the time on the return (withdrawal of principal is income-tax-free).  Consequently, the Roth IRA approach is likely better viewed as a saving approach for a child’s culture when you’ll make the withdrawal after the five-year time frame from the first role and over age 59½ (of course, it is also void if one was to obtain higher culture at a later age). 

Another vital alteration is on income limits.  In order to qualify for donations to a Roth IRA, one’s income must be under a certain threshold.  In 2022, that threshold is $144,000 for single those and $214,000 for those married filing jointly.  A 529 plot, on the other hand, has no income limitations, so one may make donations in any case of income level.  Consequently, one should be mindful of one’s income the makings, because if your income starts to exceed the stated threshold amount, the Roth IRA approach may not be void. 

Of course, these two strategies are not mutually special and if there is ample excess savings, you can always say to both a 529 plot and a Roth IRA.  

When taking into account which option is right for you, there are many other factors that are beyond the scope of this article, such as:

  • Investment options offered in the plot: 529 college savings plans may offer uncommon investment options compared to Roths and commonly may be more limited.
  • Role limits: If you’re younger than 50, you can only say up to $6,000 per year to a Roth IRA for 2022. Meanwhile, with 529 plans there are no limits, even if gift taxes could come into play when donations hit more than $30,000 per couple per year.
  • Impact on fiscal aid: Eligibility and income qualification vary between 529 and Roth and will depend on many factors such as timing and ownership. 

While you should always thought-out consulting with a fiscal adviser before making any final declaration, I wish I knew to even question the inquiry when I was younger.  

I hope this has been helpful, and stay tuned for next month’s column: Fiscal Advice I Would Give My Younger Self — Schooling for a Young Family.

Wilmington Trust is a registered service mark used in tie with various fiduciary and non-fiduciary air force offered by certain subsidiaries of M&T Bank Corporation.  Wilmington Trust Emerald Family Office & Advisory is a service mark and refers to wealth schooling, family office, particular transaction, and other air force provided by Wilmington Trust, N.A., a member of the M&T family.
Note that tax, estate schooling, investing, and fiscal strategies require implication for suitability of the party, affair, or shareholder, and there is no pledge that any approach will be flourishing. Wilmington Trust is not formal to and does not provide legal, accounting, or tax advice. Our advice and recommendations provided to you are elucidatory only and subject to the opinions and advice of your own attorney, tax advisor, or other certified advisor. Investing involves risks and you may incur a profit or a loss. There is no pledge that any investment approach will be flourishing.

Chief Wealth Strategist, Wilmington Trust

Alvina Lo is reliable for family office and strategic wealth schooling at Wilmington Trust, part of M&T Bank. Alvina was earlier with Citi Private Bank, Credit Suisse Private Wealth and a involved attorney at Milbank, Tweed, Hadley & McCloy, LLC. She holds a B.S. in civil commerce from the Academe of Virginia and a JD from the Academe of Pennsylvania.  She is a in print author, normal lecturer and has been quoted in major outlets such as “The New York Times.”

Thoughts Before Funding a 529 College Savings Plan

College costs have outpaced inflation. Looking back at the last decade, the 10-year past rate of boost has been approximately 5% per year, according to The College Board. Luckily, there’s a tax-privileged way to save for these growing college expenses: the 529 college savings plot.

529 basics

When it comes to saving for college, opening a regular savings account/custodial account for your child is an option, but you’d miss out on the refund of a 529 plot, such as the tax-free growth on return if the funds are used for certified college expenses. Deposits to a 529 plot up to $15,000 per party per year ($30,000 for married couples filing jointly) will qualify for the annual gift tax exclusion (for 2021). You can also front-load your investment in a 529 plot with $75,000 ($150,000 if joint with your spouse) and use this toward your gift tax resistance for five years, as long as there have been no other gifts to that child. This is a touch that is not doable for a regular savings/custodial account for your child (you would only be able to gift $30K jointly). By adding a large amount up front, you allow the lump sum to grow over a longer time horizon vs. making smaller donations over time. Donations to a 529 plot do not have to be reported on your federal tax return.

Donations to a 529 plot are not tax deductible (even if some states do offer tax refund), but the return grow tax free and are not taxed if used to pay for culture. Another benefit compared to a custodial account is control; the named receiver has no legal rights to the funds, so you can ensure the money will be used for culture.

Also on the plus side, a 529 account owned by someone other than the parent (such as a forerunner) is not thorough an asset for fiscal aid purposes. In addendum, the value of a 529 account is removed from your taxable estate, yet you retain full control over the account.

How to choose a 529 plot?

Investigate the underlying expenses of the mutual funds and review the investment options void compared to other plans. The age-based models may be the simplest to manage, as the plot shifts to more conservative funds as the student gets closer to college age. You can choose any state plot no matter where you live, but if you reside in a state that provides tax breaks for using your state plot, you would likely want to start there. For example, New York residents get tax refund for using their state plot. Keep in mind that you have the ability to go your 529 to another source, but only one rollover is honest per 12-month period.

How much to fund?

The amount to say to a 529 plot depends on several assumptions, such as whether you expect your child will attend a public college or a private college, the returns during the investment time horizon, and future college inflation. Funding goals vary widely depending on what you want to achieve and the assumptions caught up — and of course there is no right answer.

 If the receiver does not go to college, you can conveying the 529 plot to a sibling in the future or to another family member, such as a cousin or grandchild. If you don’t have any eligible family members, the worst-case scenario is that you would have to pay tax and a 10% penalty on the return to take the money out for another purpose. Withdrawals from a 529 plot that are not used for the receiver’s certified culture expenses are taxed and penalized (subject to a 10% federal penalty and taxed at the income tax rate of the person who receives the withdrawal). If the receiver gets a erudition, then the penalty is waived.

Considerations if you have more than one child

If you have several family, it may make sense to fully fund the first plot for the oldest child, and if the funds are not used, they can be transferred to the next child in line. You doubtless want to avoid fully funding all the plans in the event one child does not end up going to college, gets a erudition, or starts a affair. Some schools and some trade schools/programs do not qualify for 529 funds (for example, if a grandchild wants to go to a point acting or cooking school). You can find out if your school qualifies by using this link: http://www.savingforcollege.com/eligible_institutions/.

Avoiding tax penalties on 529 Plot funds – not all expenses are certified

Avoid overfunding the 529 if doable, as “certified culture expenses” do not cover all expenses related to college. Certified expenses include:

  • Tuition and fees.
  • On-campus room and board.
  • Books and equipment.
  • Computers and related gear.

On the other hand, several costs related to college aren’t thorough certified expenses. These costs can easily add up, so it may make sense to save outside of a 529 plot to help cover them. Funds from a 529 plot cannot be used for:

  • The hold of a car, fuel costs or public moving costs to and from school. 
  • Any indemnity (car, health etc.) cannot be paid with 529 funds either.
  • If your child is a member of a school club or caught up in a sports try, any related fees and costs are also not certified.
  •  It might seem intuitive that, if you have a student loan, you can use funds from a 529 to pay off the balance, but this is also not honest.

If your child is schooling to live off-campus, in housing not owned or operated by the college, you are unable to claim expenses in excess of the school’s estimates for room and board for attendance. It is vital to confirm room and board costs with the school’s fiscal aid office, in advance, so you know what to expect. Also, keep in mind that, in order for room and board to qualify, your child must be enrolled half time or more.

Finally, if your child is studying abroad, check with the school to find out if the study abroad program qualifies for 529 funds.

If you inadvertently use funds for the incorrect expenses, you will end up being taxed on the return, as well as face a 10% penalty on that amount.  Even if 529 plot accounting tends to operate on the honor system, as you have to track your own expenses, using funds for the incorrect items could have penalty in the event of an IRS audit.

Paying for college is a large expense for many families. 529 plans are a tax-privileged way to save for college, but they come with some complex rules and restrictions — so appreciative how these fiscal proclamation operate before investing could save you from incurring unexpected tax penalties in the future.

Senior Fiscal Adviser, Evensky & Katz/Foldes Fiscal Wealth Management

Roxanne Alexander is a senior fiscal adviser with Evensky & Katz/Foldes Fiscal usage client breakdown on funds, indemnity, annuities, college schooling and rising investment policies. Prior to this, she was a senior vice head at Evensky & Katz working with both party and institutional clients. She has a single’s in accounting and affair management from the Academe of the West Indies, she expected an MBA at the Academe of Miami in finance and funds.

School’s Out for Summer … But Tuition Is Back in the Fall

I can only imagine the enthusiasm of students and teachers who will finally able to be back in a classroom and culture in person as schools and campuses around the country start coming back to life this fall. As I walked around my locality every morning earlier this spring, front lawns were dotted with signs pronouncing “Congratulations, modify!” for kindergartners, fifth-graders, high school seniors, college grads and every grade in between as families celebrated these vital milestones.

The encounter of the endemic has reminded us just how vital and exceptional culture experiences are for our future generations. For those thought about giving the gift of culture to a young loved one, there’s never been a more consequential time.

There are a few ways to make a gift that can be used for culture, each with its own set of facial appearance you should evaluate painstakingly before deciding upon the right vehicle to use.

The Culture-Point Option

If you want to ensure your gift is used exactingly for culture, there are two common ways to do so. The first and most straightforward way is to frankly pay for the student’s culture by writing a check for their tuition payable to their culture society. Paying for tuition in this way is an well-methodical way to give, as this type of support does not count toward your annual gift tax exclusion amount ($15,000 per person in 2021) or your time resistance amount ($11.7 million per person) as long as the check is made payable frankly to the culture society.

While writing a check is an simple way to pay for tuition due, many parents or family members start thought about how to save for future college costs as soon as the future college student is born. One of the most well loved methods to save for future culture expenses is the 529 savings plot. A 529 savings plot is a tax-privileged account that can be used to pay for certified culture costs. Once a 529 savings plot is opened, anyone can say to it on behalf of a receiver.

While there is no federal income tax deduction for making a role to a 529 savings plot, some states do offer a state income tax deduction for donations made by a inhabitant to their state plot. The account, once invested, grows tax-late each year until the student goes to college. Withdrawals from the account are tax-free as long as funds are used to pay for certified culture expenses. (The vital word here is “certified,” as some costs, such as concentration fees or moving costs, do not fall into the certified category.) Some examples of certified culture costs include:

  • Tuition and fees for a single college or academe
  • College room and board, books and equipment, computers and internet access
  • Registered apprenticeship program expenses
  • Tuition and fees for K-12 schools up to $10,000 per year
  • Up to $10,000 in student loan debt refund

Keep in mind, but, that if the funds are withdrawn for a reason other than the culture uses noted above, income taxes and a 10% penalty will apply to the growth in the account.

Since a 529 plot account is commonly customary for the benefit of another person, any money you say counts as a gift to that person, so your role is a fantastic way to utilize your annual gift tax exclusion amount. You can give the full $15,000 each year to a single receiver, or $30,000 if you are married and your spouse also contributes. You could also take benefit of a special rule and do a lump sum role by accelerating up to five years of your annual gifts all at once — $75,000 if you are single or $150,000 if you are married. A lump sum investment of $150,000 to a 529 savings plot when a child is born would be worth more than $350,000 by the time they turn 18 if the account compounds at 5% each year.

Some families worry about overfunding a 529 account for their child or loved one. If your loved one doesn’t go to college or college ends up costing less than you formerly anticipated, one of the fantastic facial appearance of a 529 plot is that you can change the receiver on the plot to another family member of the first receiver. Parents can change the receiver to another child, a cousin or even themselves!

A 529 prepaid tuition plot is another way to pay for college, though not quite as common as the more habitual 529 savings plot described above. With a prepaid tuition plot, you prepay future costs at a point college or academe, locking in future tuition costs today in any case of how many years are left until actual conscription. 

The More Bendable Option

There are other ways to financially support a loved one’s culture without putting money frankly toward tuition costs. Trusts and custodial fiscal proclamation are a fantastic way to build in flexibility.

By setting up a trust, the trustee can specify what they want the money to be used for, all of which would be clearly laid out in the terms of the trust. For example, you may specify that it be for culture-related expenses, such as housing, meals, moving, internships or textbooks. The trustee may also specify when the money can be accessed by using an age limit or making terms for the money to be spread over a point period of time, for example. For those making the gifts, trusts offer greater customization and flexibility than a 529 savings plot offers. But, trusts do come with higher legal costs to set up and administer as well as less favorable tax behavior, as trusts do not provide tax-free growth or distributions like 529 savings plans do.

A custodial account offers a similar organize to trusts, though they’re simpler and less costly to set up. Unlike trusts, but, once the receiver reaches the age of margin, the account becomes theirs. They will be able to take control of the account and use the left over funds for no matter what purpose they like – whether it is next semester’s tuition and books or the new car they have their eye on.

Similar to 529 plans, donations to both trusts and custodial fiscal proclamation for the benefit of another person count as a gift to that person, so you will need to file a gift tax return. If you are taking into account using a trust or custodial account, the receiver may be subject to Kiddie Tax rules, so take this into implication when evaluating your options.

The gift of culture, no matter how huge or small, will make a lasting alteration in a loved one’s life. Eventually, but you choose to make this gift, know that there isn’t a incorrect way to do it!

Senior Wealth Adviser, Boston Private

Kathleen Kenealy, CFP®, CPWA® is the Boss of Fiscal Schooling and a senior wealth adviser for Boston Private. She specializes in working with flourishing those and families to manage, protect and grow their assets. Kenealy provides guidance on investment, retirement, goodhearted, estate and tax-schooling strategies.

When Choosing Funds for Your College 529 Plan, Don’t Make This Mistake

The average cost of public in-state college tuition, fees, room and board in 2020-21 is $26,820 a year and $54,880 for a four-year private college, according to a recent study by the College Board. For a child born today, the four-year cost of college is probable to be $526,629 for private and $230,069 for public, according to a recent study by J.P. Morgan. Imagine if you have two or three kids?

Right, there is fiscal aid, merit and commanding scholarships. Most schools money off the sticker price. But there is no promise your child will receive aid, so we must plot. Sadly, I find most parents lack a plot for college savings. Parents have excellent intentions and care for their kids, but for one reason or another they never get around to setting no matter what thing up. Parents who say they do “have a plot” often are merely throwing some money in a having no effect way into an age-based 529 college savings program. That is a excellent start, but not enough to meet the six-figure future cost of college. Schooling for the astrophysical cost of college requires more. It requires a kind, fussy plot.

For my clients, we start with reviewing their goals and objectives. We review the probable cost of public and private college in their home state. Then parents may choose to try to cover 100% of college costs,  50% or maybe a third. Having a goal in mind is exceptionally vital. It makes motivation and lessens anxiety. We then review their monthly cashflow to find a number they feel comfortable allocating into a college savings program. From there we devise a holistic plot. We review their employer plans, such as late compensation or company stock plans, indemnity needs and expenses, discuss retirement savings, inheritances and no matter what thing else that’s vital to the chat. We then review several college saving recommendations.

Here is one: Forget age-based options.

How parents fail to make the most of 529 plans

You doubtless are habitual with the 529 college savings plot. These programs are a solid choice for college savers. Donations are after-tax (no federal tax-deduction up-front), return grow tax-late, and withdrawals for certified higher-culture expenses (room, board, tuition and some fees) are income tax-free. In addendum, assets in a 529 plot receive privileged fiscal aid behavior when owned by a parent.  A maximum of 5.64% of parental assets count toward a family’s Probable Family Role (EFC) when applying for federal fiscal aid,  versus 20% of a student’s assets (Source: Savingforcollege.com). There are penalties for not using 529 money for college, namely a 10% penalty on withdrawals, plus the return are income taxable.

Many parents are habitual with 529s, but many don’t fully utilize the program. In do, I find parents contributing monthly to a 529 into an age-based mutual fund. On the surface this seems logical. An age-based mutual fund invests in more aggressive equity mutual funds for younger family, then reluctantly shifts to more conservative bonds as the child ages and gets closer to college. This makes sense, as you want 529 money to be conservative as the child gets closer to withdrawing the money for college. Age-based funds are set-it-and-forget choices, meaning busy parents don’t have to manage the funds themselves.

In person, I don’t care for age-based options.

Age-based mutual funds are for the most part too conservative. For example, Front’s 529 age-based mutual funds own some bonds for all ages, early at age zero! This means a newborn, 18 years away from needing the money for college, has some conservative, low-docile bonds in the account. Dependability’s Connecticut Higher Culture Trust (CHET) 529 age-based option for a child 18 years away from college — the 2039 choice — has 5% in bonds. The 2036 choice — for a child 15 years from college — has 14% in bonds.

This is a huge mistake, in my opinion. Bonds are too conservative for a child that young. I be with you the substance of asset allocation, having been in the affair for 20 years. I use bonds to branch out portfolios and believe bonds play an vital role in helping a choice weather a stock market storm, as bonds usually hold up better in a stock market crash. But I also be with you that a newborn child has a long, long time before needing the money for college. In 18 years, the child’s account will see many stock market corrections, booms and busts. I am not  so worried about a dip in the stock market with a child that young. I more worried about the skyrocketing cost of college, if not known as inflation.

The real risk is inflation

Forbes just reported the cost of attendance college rose more than twice as quick as inflation. More than twice as quick as inflation! Costs rose 497% from 1985 to 2018. Excellent luck beating that inflation rate with low-docile bonds.

Inflation is the real risk to a newborn, not a stock market minor change when the child is 5 years ancient. Not only that, but if appeal rates rise, bond prices may fall, making bonds by some events riskier than stocks.

A better way

My advice: Forget age-based 529 options and pick the funds physically, based on your time horizon of needing the money for college. Family more than five to seven years away from college may want to thought-out an all-equity choice to make the most of growth. Given the high cost of college, you will need all the growth you can muster from your funds.

If you still want some fixed income in your 529 plot, you should question physically: What is the best deal with? Does a bond index make sense? Doubtless not in this low-rate background. A bond index owns small- and long-term bonds. Long-term bonds have more appeal rate sensitivity, meaning if rates rise, your principal will likely go down. You should check whether your 529 plot offers an active fixed income manager to provide some investment flexibility. An active fixed income manager may have higher fees than an index but can better manage the fund for yield and adjust the worth if appeal rates do rise. Some 529 fiscal proclamation offer a “stable-value” option, which may be lower docile, but has better principal safeguard than a bond fund.

Other considerations

Start with reviewing the 529 plot of your home state versus an out-of-state 529. Does your state offer a tax-break for donations to their 529 plot? Even so, how do the fees compare with your inhabitant state’s 529 versus another state’s plot? You can use a 529 plot in other states. Some states, counting California and New Jersey, offer no state tax break for donations. Either way, you should compare the fees and mutual fund options in your state’s plot versus an out-of-state 529. Just because a state offers a state tax deduction for your donations doesn’t make it a “excellent plot.” Besides, the state tax deduction doesn’t usually amount to much either. Other states’ 529 plans may offer lesser fees or better mutual fund choice.  

I like 529 college savings plans and have three fiscal proclamation myself, one for each of my three family. But when it comes to picking a 529 plot and choosing the right mix of funds, I promote parents to use a small more discretion. A small effort today in choosing the right 529 plot or administration the investment choices can pay larger dividends for your child in the future, quite factually.

To learn more, please join me March 16 & 19 at noon EST for “529s and Beyond” college schooling webinar. There’s no cost to join. Click here to catalog: https://attendee.gotowebinar.com/rt/5110977960503663627.

This article is the first of a three-part series on how to save for college. Next month, I will review how to take benefit of a custodial account’s unique tax break. In the meantime, if you are looking for a more kind deal with to saving for your child’s culture, feel free to go to my website and schedule a gratis college savings evaluation.

CFP®, Summit Fiscal, LLC

Michael Aloi is a CERTIFIED FINANCIAL PLANNER™ Practitioner and Certified Wealth Management Advisor℠ with Summit Fiscal, LLC.  With 17 years of encounter, Aloi specializes in working with executives, professionals and retirees. Since he joined Summit Fiscal, LLC, Michael has built a process that emphasizes the integration of various facets of fiscal schooling. Supported by a team of in-house estate and income tax specialists, Aloi offers his clients corresponding solutions to scattered harms.

The views and opinions articulated in this article are solely those of the author and should not be attributed to Summit Fiscal LLC.  Investment advisory and fiscal schooling air force are offered through Summit Fiscal, LLC, an SEC Registered Investment Adviser, 4 Campus Drive, Parsippany, NJ 07054. Tel. 973-285-3600 Fax. 973-285-3666. This notes is for your in rank and guidance and is not projected as legal or tax advice. Legal and/or tax counsel should be consulted before any action is taken.