Common Questions

(1) Completing a Living Trust & Pricing

(2) Titling Assets in Your Trust

(3) Changes In Marital Status

(4) Amendments, Reviews, & Changes

(5) Why & When To Review & Update A Trust

(6) Why You May No Longer Need or Want An AB or ABC Trust

(7) Important Issues When Someone Dies or is Dying

(8) Real Estate Issues

(9) Medical Directives

(10) Granting / Obtaining Signature Power

(11) Trust Copies & Originals

(12) Incapacity Issues

(13) Confidentiality Issues & Policies

Titling Assets In Your Trust : Publicly Traded Stocks & Securities

1. Stock or Security Is Traded on An Exchange
   Generally you will know if you own a publicly traded stock or security – because usually it is presently listed and traded on an exchange of some sort. Though we most often associate this with stock in major corporations, it also extends to some types of bonds, some limited partnerships, and other types of rights and assets, etc.. These types of assets are usually purchased and sold through a stock broker or investment agent. (Privately held corporation stocks and other privately held securities are discussed in another section.)
2. The Easiest Method Is To Use Your Broker to Re-Title in the Name of Your Trust
   If you have a brokerage account -- and your stock and other certificates are held by the firm as part of your account -- all you have to do is change ownership of the account into the name of your trust. If you physically possess some (or all) of the certificates yourself, the easiest thing you can do is deposit the certificates into an existing account that you have re-titled or opened in the name of your trust (easily done). You can always ask for them back later -- and the certificates will have the trust name on them (assuming the account is in the name of the trust when you ask for them back). Simply put, using a broker and/or brokerage account to re-title your securities is the easiest way to accomplish the task. (There are some brokers who will help you with this -- without obligation -- as a gesture of good will.) Absent your willingness to use a broker or brokerage account as advised, you must go through, for what is to most people, an arduous process. Contact the transfer agent listed on the certificate and ask their procedure.
3. The Practical Choice
   For many reasons it is more practical to leave your securities with a brokerage firm. Decisions otherwise are usually based on emotion or misinformation. It is usually a safer place to keep them. Everything is consolidated. They are insured. From an estate planning perspective things are much easier and the transition is much smoother if you pass away or become incapacitated. Your loved ones do not have to look through everything and actually wonder if they found all of your hodlings. On and on the reasons go. Enough said – the choice is yours.
4. Stock Options
   Many times, stock options are handled like any other stock or security and are also in brokerage accounts -- and this is true of many employee stock options. Other employee options can be handled through the company in which case you approach the logical department at the company and request titling in your trust. Serving numerous Silicoln Valley cleints, experience indicates most every company has been very cooperative in this regards. Very occasionally some employees have a problem getting their companies cooperation and there seeems to be little reason for this (unless something about the option plan prohibits it). The suggestion is to be persistent and demanding should you run into this problem.

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