can a person who owns stocks change names on stockw without a lawyer

by Damien Harvey 4 min read

If you own stock in street name, then you can work with your broker to change the ownership of some or all of your shares. Contact your broker to get the appropriate forms to complete.

Full Answer

What happens to my stocks if I don't name an alternate?

If you don't name an alternate, the stock will probably pass under your will's "residuary clause," which names a beneficiary to inherit everything that's not specifically mentioned in the will. After your death, the securities will automatically belong to the TOD beneficiary.

Can you transfer stock into someone else's name?

Can You Transfer Stock Into Someone Else's Name? If you own stocks, you have the legal right to transfer ownership to someone else. There are no penalties or rules prohibiting the transfer of assets. You do not have to sell the shares either. The method used to transfer your stock depends on how your stock is currently held.

Do I need to change my name when I inherit stock?

You’ll want to notify the brokerage firm or other financial institution where the account is located, but no name change is necessary. In other situations, ownership for the stock you inherited must be legally transferred to your name.

How do I change ownership of my stock?

Your stock is allocated to you internally within the broker's operational records, but as far as the company whose shares you own is concerned, ownership remains with your broker. That means that you'll have to work with your broker to change stock ownership.

Can I transfer my stocks to another person?

Stocks can be given to a recipient as a gift whereby the recipient benefits from any gains in the stock's price. Gifting stock from an existing brokerage account involves an electronic transfer of the shares to the recipients' brokerage account.

How do you retitle stock certificates?

You can find out who your company's transfer agent is by contacting its investor relations department. Then, the transfer agent will have you send in any paper stock certificates you have, along with a letter of instruction to instruct it on how to change the ownership of the stock.

How do I transfer stocks to my son?

One of the simplest ways to get your kids started in stocks is to set up a custodial brokerage account. You'll be able to transfer existing shares of stock, mutual funds or other securities from your account to the custodial account, or buy specific securities directly within the custodial account.

Can I transfer stock to my parents?

Gifting stock you currently own If you're looking to gift to an adult friend or family member, you can generally transfer shares from your brokerage to theirs if you have their account information. You can also gift stock that you currently own to non-profit charities as a donation, instead of writing a check.

How do I change the name on a stock?

Submit the signed stock ownership certificate, the stock power form and W-9 form to your brokerage firm or the company you have stock through. If you are changing your own name, due to marriage, divorce or court order, include a certified court document that verifies and authenticates your name change.

How do you change a stock certificate?

You can find out who your company's transfer agent is by contacting its investor relations department. Then, the transfer agent will have you send in any paper stock certificates you have, along with a letter of instruction to instruct it on how to change the ownership of the stock.

Can I transfer my stocks to my wife?

You could gift the shares to your wife In this situation you do not have to pay any capital gains tax. This is because a gift to your spouse does not constitute a transfer as defined in the Income Tax Act and hence no capital gains tax is chargeable to the transaction.

Can I transfer shares to my daughter?

Gifting shares and Inheritance tax (IHT) Giving shares to your children would be considered as a gift for the purposes of inheritance tax. If the transferor (person giving the shares) dies within 7 years of making the transfer, the transferee (child) will be liable to pay inheritance tax.

How do I gift a stock without paying taxes?

You transfer the shares to the recipient's account, resulting in a taxable gift of $10,000. Since the gift is under the $16,000 annual gift tax exemption, you don't have to file a gift tax return or pay any gift tax. Your friend won't owe any gift tax and won't need to report anything.

How do I transfer shares to a family member?

Gifting Shares in Paper Form You need to execute and register a share transfer deed in FORM 7B. It needs to be filled and signed by the donor. Depending on which value is higher, the face value or market value of the shares on the date of the document, stamp duty is payable at the rate of 25 paise for every 100 rupees.

Can I gift stock to my child without paying tax?

Gift Stock Over Cash By gifting appreciated stock, you avoid any long-term capital gains tax liability that you would otherwise owe in the future. Any capital gain liability does transfer to the recipient of your gift – there is no “step-up” in cost basis when gifting stock; this occurs only at death.

What does "street name" mean in stock?

Most people who have brokerage accounts hold shares in street name, meaning that the broker they use is the official registered owner of the shares. Your stock is allocated to you internally within the broker's operational records, but as far as the company whose shares you own is concerned, ownership remains with your broker. ...

What do stock investors focus on?

Stock investors typically focus on how to buy or sell shares of the stocks they own. Yet from time to time, you might want to make gifts of stock, either to family members, charities, or other people or institutions.

How to find out who your company's transfer agent is?

You can find out who your company's transfer agent is by contacting its investor relations department.

What happens if a person holds stocks and passes away without naming a beneficiary?

If a person who holds stocks passes away without naming a TOD beneficiary, then the probate process must be initiated. Probate is a legal process for settling a deceased person's estate.

What do TOD beneficiaries need to do?

The only thing a TOD beneficiary needs to do is re-register the stocks in question in his or her name, which generally involves sending a copy of the previous holder's death certificate and a form of proper identification to a transfer agent (a person in charge of maintaining records of stock ownership), who can complete the transfer. ...

Why do you name a transfer on death?

Most legal and financial experts recommend naming a transfer-on-death beneficiary in order to avoid the probate process. Uniform Transfer on Death Security Registration Act. Many states have adopted the Uniform Transfer on Death Security Registration Act, which allows investors to designate a transfer-on-death ...

What happens to stock when a person dies?

When a person passes away, the transfer of stock ownership will depend on the provisions made by the deceased before their passing. If a married person who held stocks jointly with a spouse dies, then the surviving spouse typically becomes the sole owner of those stocks. However, the process is different if the decedent held stocks on his or her own.

Do you have to list stocks in a will?

The stocks do not have to be listed in the deceased person's will, which means they can be transferred without having to go through probate. If a TOD beneficiary is named, then after the holder of stock dies, his or her securities are transferred immediately to the designed party; the executor or administrator of the original owner's estate does ...

Can you transfer stocks to a beneficiary?

However, the process is different if the decedent held stocks on his or her own. Transfer of stocks to a beneficiary. If a person who holds stocks designates a beneficiary prior to their death, then that beneficiary becomes the owner of the stock once the holder passes. Most legal and financial experts recommend naming a transfer-on-death ...

How to change name of stock in probate?

If stock must be probated, you can transfer ownership and make the name change only if you are the executor of the estate. Step 1. Contact the brokerage firm or other financial institution if the stock is held in an account for which you are the named beneficiary. Furnish the broker with a copy of the death certificate and proof of your identity. ...

Do stock certificates go through probate?

Stock must go through probate when it is held as paper stock certificates or in an account with the transfer agent that does not have a named beneficiary. A transfer agent is a firm that handles securities transactions for the company that issued the shares. Contact the transfer agent for the company.

Do you need a medallion signature to transfer ownership?

Take along your authorization letter as executor, the paper stock certificates, if there are any, and official ID, like a driver's license. Medallion Signature Guarantees are required instead of a notary’s seal to verify your identity and signature on the transfer of ownership form.

Where is W D Adkins?

Based in Atlanta, Georgia, W D Adkins has been writing professionally since 2008. He writes about business, personal finance and careers. Adkins holds master's degrees in history and sociology from Georgia State University. He became a member of the Society of Professional Journalists in 2009.

Why do executors sell stock?

Reasons to Sell Stock. Executors have a fiduciary obligation to safeguard the value of the estate assets and manage them on behalf of the beneficiaries. The executor can sell shares to prevent or minimize losses unless the will directs that the shares be transferred directly to a beneficiary.

What documents are needed to open an estate account?

The bank, brokerage or other financial institution requires the executor to present her letter of administration and a certified copy of the death certificate. Other documents needed include an application to open the estate account and an affidavit of domicile, which states where the deceased lived on the date of death.

What does an executor do when there is no will?

When there’s no will or designated executor, the probate court appoints an administrator to carry out the executor’s functions. It’s the executor’s job to take care of the deceased’s financial obligations, manage assets and distribute property to heirs. At times, an executor needs to sell stocks, bonds or other securities owned by the deceased.

How long does it take to settle an estate?

Settling an estate is a process that takes months or even years when the estate is large and complex. It falls to the executor of the estate to manage the assets until the affairs of the deceased are taken care of and final distribution of property to heirs is complete.

What is the name of the letter that the executor of a will is given?

First, the will is read and validated by the court. Then the executor is given a letter of administration, also called a letter testamentary.

Can an executor sell bonds?

At times, an executor needs to sell stocks, bonds or other securities owned by the deceased. However, the name on an account holding these securities must be changed to the name of the estate before the executor can sell them.

Where is W D Adkins?

Based in Atlanta, Georgia, W D Adkins has been writing professionally since 2008. He writes about business, personal finance and careers. Adkins holds master's degrees in history and sociology from Georgia State University. He became a member of the Society of Professional Journalists in 2009.

Why can't a beneficiary be named for stock?

Another reason a beneficiary may not be named for stock is because the decedent assumed it would automatically go to his spouse. In the 13 states that follow the “ community property rule,” all assets acquired during the marriage by either spouse is co-owned by both of them. When one spouse dies, the community property generally goes to ...

What happens to stock when a person dies?

If the decedent owns stock when he dies, the stock is included in his estate. A beneficiary is someone who receives property from the estate through a will. The entire process of distributing property is defined by the probate code of the state where the decedent lived. While state laws vary, the Uniform Probate Code has influenced almost all ...

What happens if there is no will?

If there is no will, there are no beneficiaries and the estate is considered “intestate.” The intestate process is a state-approved distribution plan for estate property. The property is generally distributed among the surviving relatives of the decedent. Most times the surviving spouse, parents, and children of the decedent get the property. If the decedent is not survived by any close relatives, his property may go to any surviving aunts, uncles, nephews, nieces or grandparents. If he is not survived by any living relatives, his property generally goes to the state where he lived.

Why is my stock not listed in my will?

If the stock is not listed in a will, it may be because the stock is in a close corporation and is subject to a shareholders’ agreement. A close corporation is a non-publicly traded corporation. Often the few shareholders hold significant positions in the business. Given the nature of the business, the shareholders may not want to permit ...

What happens if a will does not specifically identify a beneficiary?

If there is a valid will but it does not specifically identify a beneficiary who will receive the stock, that asset will probably be distributed through the residuary clause. A residuary clause is normally the last part of the will that distributes to a beneficiary whatever remains of the estate after all the other dispositions expressly authorized ...

What happens to a business when one of its shareholders dies?

As a result, the shareholders may draft a shareholders’ agreement where the shareholders agree that when one of them dies, the business will buy out the shares from the estate. As a result the shares are not transferred to a specific beneficiary, but are repurchased by the business with the proceeds from the acquisition being put in the estate.

What happens if a person is not survived by a relative?

If he is not survived by any living relatives, his property generally goes to the state where he lived.

What happens to the securities after death?

After your death, the securities will automatically belong to the TOD beneficiary. All the beneficiary needs to do to claim them is show the transfer agent or broker a certified copy of the death certificate and proof of his or her identity. No probate court approval is required.

What happens to the securities if one of the beneficiaries dies before you do?

If one of the beneficiaries dies before you do, the securities will go to the survivor (s) at your death. EXAMPLE: Cheryl's children, Zachary and Grace, are the TOD beneficiaries of her brokerage account. Zachary dies before Cheryl does, leaving three children of his own.

What is a TOD form?

When you register your ownership, either with the stockbroker or the company itself, you make a request to take ownership in what's called beneficiary or transfer-on-death (TOD) form . The TOD beneficiary has no rights to the stock as long as you are alive.

What are the benefits of a beneficiary?

Benefits of beneficiary registration include: 1 It's easy to create. 2 It's usually free (though some brokers may charge a fee to change beneficiaries). 3 It's easy for the beneficiary to claim the securities after the original owner dies.

What happens if you don't name an alternate beneficiary?

If you don't name an alternate, the stock will probably pass under your will's "residuary clause," which names a beneficiary to inherit everything that's not specifically mentioned in the will.

What happens if you leave stocks to someone else?

If you leave stocks to someone other than your spouse, make sure your spouse doesn't object to your overall estate plan. In most non-community property states, surviving spouses who are unhappy with what the deceased spouse left them can claim a certain percentage of the deceased spouse's property.

Can you name someone else as a TOD beneficiary?

If you have a securities account registered in your name only, and you want to name someone other than your spouse as the TOD beneficiary for it, it's a good idea to get your spouse's written consent.

What to do if broker's actions did not satisfy the guidelines set out in your contract?

If you believe the broker's actions did not satisfy the guidelines set out in your contract, the first thing you should do is send a written communication to the broker's firm and manager discussing the facts of the situation. It is possible that the broker and the firm were unaware of the details and will deal with it accordingly, ...

What are the two instances in which your broker's actions are legal?

1. If you have a type of discretionary account for which you have signed documents giving the broker permission to buy and sell securities for your portfolio on your behalf, then your broker may sell from the account.

Can a brokerage sell your stock without contacting you?

If you have a margin account and your equity level has fallen below the firm's maintenance margin requirements, the brokerage has every right to sell your securities without contacting you or obtaining your permission.

Do stocks have to be in alphabetical order?

Instead, the stocks that are sold to cover the entire deficit in the equity level may, for example, be picked in alphabetical order. To top it all off, when selling your securities, the broker may even charge a full commission for the transaction.

Do brokerage firms give margin calls?

Most often, firms are not required to give you a margin call, so if they give one, they are doing so as a customer courtesy. 3. The actions you can expect from your brokerage are spelled out in the margin account agreement that was signed upon opening the account. 4 To ensure it receives the money you borrowed, ...

What happens if you die and leave a will?

If you die and leave a will, your beneficiaries will have to wait until your estate is probated to inherit your stocks. The court will appoint a representative to make sure your final bills are paid before your stocks are transferred. The terms of your will control how your beneficiaries inherit your stocks. For example, if you leave 100 shares of ...

What happens if you leave 100 shares of stock to Jane Doe?

For example, if you leave 100 shares of stock to Jane Doe, John Doe isn’t entitled to receive those shares. If your will says your stocks are to be sold and the proceeds divided equally, Jane and John each will receive 50 percent of the net proceeds.

Can you transfer stocks to a beneficiary?

Your stocks immediately transfer to a beneficiary when you die if you use the pay-on-death designation. Also known as transfer-on-death, the POD designation lets you give your stocks to a beneficiary outside of the probate process.

Can you inherit your stocks if you don't know the beneficiaries?

If you don’t identify the beneficiaries you want to inherit your stocks, your state’s laws will decide for you. You may think that your surviving spouse gets all your stocks when you die. However, if you have children, many states give your surviving spouse only a fraction of your stocks and divide the remainder among your children.

Can you leave stocks in a will?

You can create a will and leave your individual stocks to family members and friends. The stocks are included in your estate and transferred to your beneficiaries when the estate is closed. If you own a few stocks, you can designate a specific beneficiary on the stock certificate and avoid the time and expense of opening and administering an estate.

Can you get your name removed from a stock certificate?

The stocks don’t go through the probate process and are never included with your estate. The surviving owner can contact the brokerage firm to get your name removed from the stock certificate. He must complete the form to retitle the stocks and provide the brokerage firm with a certified copy of your death certificate.

Who inherits stocks after death?

When you die, Mary immediately inherits the stocks. After completing the transfer form and submitting your certified death certificate, the brokerage firm will list Mary as the sole owner of the stocks.

Can a financial adviser buy stock without your permission?

As an investor, you have rights when a stockbroker or financial adviser buys or sells shares without your permission . This is especially a problem if you incurred losses as a result of your stock broker’s or financial adviser’s unauthorized trade in your portfolio.

Do investors have the right to control their investments?

Investors Have the Right to Control Their Investments. As an investor, you have rights when a stockbroker or financial adviser buys or sells shares without your permission. This is especially a problem if you incurred losses as a result of your stock broker’s or financial adviser’s unauthorized trade in your portfolio.