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Vizzoni Law Firm L.L.C.
  • Home
  • About
    • Vizzoni, Anthony M.
    • Testimonials
  • Practice Areas
    • Estate Planning
      • Trusts
      • Wills
      • Powers Of Attorney
      • Business Succession Planning
      • Guardianships and Conservatorships
    • Asset Protection Planning
    • Estate Administration
      • Probate
  • Articles
    • Creating Dynasty Trusts
    • Disclaimer Trusts: The Next Best Thing To A Simple Will
    • A Guide To Disclaimers
    • Planning For Distributions From Qualified Retirement Accounts And IRAs
    • Self-Cancelling Installment Note, The Bet to Die
    • Is The Sale To A Grantor Trust Superior To The Use Of A GRAT?
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  5. Asset titling: The key to effective estate planning

Asset titling: The key to effective estate planning

On Behalf of Vizzoni Law Firm, L.L.C. | Feb 26, 2025 | Estate Planning

Asset titling is a crucial aspect of financial planning that often goes overlooked. It refers to how you legally own your assets, whether in your individual name, jointly with someone else or through a trust and other entity. Essentially, the way you title your assets can dictate who controls them, their tax implications and, most importantly, who inherits them when you pass away.

Knowing how to title your assets properly is key to ensuring your hard-earned property goes to the right people, just as you wish. Without the right titles in place, even the best-laid plans might not work as intended. So, how can you make sure your assets are owned and transferred correctly?

Understanding the different types of asset ownership

Asset ownership comes in several forms, each with unique implications for control and transfer. Here are the four main types:

  • Sole ownership: This means you have full control of the asset during your lifetime. Properties under this titling often go through probate upon your death.
  • Joint tenancy: This allows you to share ownership equally, with the asset automatically transferring to the surviving owner when one dies.
  • Tenancy in common: Under this titling, multiple owners hold separate shares, which can be unequal. Each owner can choose their own beneficiary for their share.
  • Transfer-on-death designation: The asset will transfer directly to named beneficiaries when you pass away, effectively bypassing probate.

Reviewing and updating titles regularly

Major life events like marriage, divorce or the arrival of a new child can impact how you want to distribute your assets when you are gone. Set a reminder to check your asset titles at least once a year to catch any outdated designations or mistakes. If you have divorced but forgot to remove your ex-partner from a joint bank account, they might still have a claim to those funds.

The bottom line on asset titling

Think of asset titling as the foundation of your estate plan. Your will, trusts and other estate planning documents should work in harmony with how you title your assets. When these elements align, you create a clear path for your legacy.

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