Legal Question in Wills and Trusts in California

What happens to stocks when a person dies? Does the executor cash them in?


Asked on 10/13/11, 6:08 pm

1 Answer from Attorneys

Depends on the terms of any will or trust that governs them. If they are held in the deceased's name and specified to go to a particular person the executor must arrange to have them transferred on the books of the corporation to the designated heir. If they are held in a brokerage account, they are almost always held in a "street name," i.e., the name of the broker's clearing company, and can be transferred by the broker to the heir's account at the same or another brokerage, all electronically these days. If particular shares are not specified to go to particular heirs, then the executor must exercise reasonable judgment as to how to divide up the estate and whether it is more prudent to liquidate stocks and distribute cash, or to distribute shares. Some tax planning usually goes into that decision.

Read more
Answered on 10/13/11, 6:33 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California