Asset Inventory and Beneficiary Designation Review
The audit that ensures the estate plan actually accomplishes the client's goals
A Well-Drafted Plan Is Ineffective If the Assets Pass Outside It
The asset inventory and beneficiary designation review ensures the estate plan actually accomplishes the client's goals. A beautifully drafted will and trust are ineffective if the client's major assets pass outside the estate through beneficiary designations or joint tenancy provisions inconsistent with the plan. Identifying those assets, documenting their ownership structure, and flagging issues for the attorney is one of the most valuable contributions the estate planning paralegal makes.
The most common problem: Many clients have beneficiary designations set years or decades ago that have never been reviewed. Those designations may name an ex-spouse, a deceased parent, a minor child who would need a guardian to receive the funds, or no contingent beneficiary at all. The audit finds these before they cause harm.
Beneficiary Designation Audit — Five Asset Types
The paralegal's role: Document what exists and flag apparent inconsistencies with the client's stated goals. Whether a specific designation is appropriate — whether the trust should be named as IRA beneficiary, whether a child should be named directly or through the trust — is a planning question for the attorney.
Titling Review and Digital Assets
Joint tenancy with right of survivorship assets pass to the surviving owner at death regardless of what the will provides. A client who wants their residence to pass into the revocable trust must change the title from joint tenancy to individual ownership first — then deed it to the trust. The paralegal confirms current titling against the deed and flags inconsistencies for attorney review.
Digital assets — cryptocurrency, valuable online accounts, digital files with financial value — require documentation of their existence and access credentials. The paralegal helps the client understand the importance of documenting access in a secure location and flags whether the plan addresses digital assets.
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