Stocks and Stock Accounts

Estate Planning, Trusts, Estates, Probate, and Elder Law Attorney

Monty L. Donohew


You should transfer your stocks to your living trust. Most people hold their stocks in an account, sometimes called a “book account,” meaning that you do not actually hold stock certificates. When holding stocks on account, your ownership is evidenced by your monthly or quarterly statements. If you hold your stocks in this way, you will simply need to advise your stock broker or agent, and it will register the account, hence all of the stocks held therein, in the name of your trust. You can use the form found here.

If, however, you hold stock certificates, you will need to return the certificates to the stock transfer agent, with a request to transfer the certificates to the trustee of your trust, and return re-issued certificates. You can use the form found here.

Before you send the form, however, save yourself some grief and follow the following instructions. First, contact the stock transfer agent identified on the stock certificate, and verify that it is indeed the stock transfer agent for the company that issued the stock, and, if so, verify the mailing address. Sending the stock certificates to the wrong transfer agent (and they do sometimes change), or to the wrong address, is asking for lost certificates.

Second ask whether you will need to execute a seperate stock power authorizing the transfer, and if so, request the transfer agent to send its form to you (sometimes it is available to download from the internet).

Third, ask whether it will require anything else, such as an IRS Form W-9. If you are unclear, ask for written instructions, and review them with your attorney or broker.

 

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