Problems associated with understanding how to correctly title assets at death to be in alignment with estate or elder law planning are usually related to the following client education-related issues: (1) failure to understand the probate process and the nature of probate assets; (2) failure to understand non-probate transfer techniques and devices; (3) lack of understanding of how wills and trusts work in relation to various types of assets at the time of death; (4) lack of understanding of the mechanics involved in retitling assets and designating beneficiaries; and (5) failure to understand how the titling of assets affects asset protection.
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