Articles Tagged with Inheritance; Stock; Capital Gains; Estate Planning; Taxation

When people are listing the property and items they will give to loved ones during the Houston estate planning process, stocks and other securities often do not come to mind. A stock is a fractional share representing ownership of a small portion of a corporation. Stocks can be gifted as part of an estate plan and benefit the inheritor if they appreciate in value. Although stocks may seem complicated overall—and the process of gifting them even more so—estate planning attorneys can help to simplify the process. Below are common questions that individuals have about gifting stock and its inherent benefits.

How Do I Leave Someone Shares of Stock After My Death?

For individuals who want to leave loved ones their stock after their passing, they will incorporate this gift into their estate plan. Beyond including this as a part of a person’s will, there is another document that Texans should include in their estate plan. It is called a Transfer on Death Document. This document allows assets—like stocks—to be given to beneficiaries after the person’s death without having to go to court. A person creating a Transfer on Death designation names the beneficiary—the person receiving the stock—as well as which stock the beneficiary will receive and how many shares they will get, if the person is bequeathing the stock to more than one person.

Stock ticker from newspaperIf you sell stock you inherited, the tax bill is keyed to its value at the time of the original owner’s death.

If you’ve just inherited stock or if you’re set to leave behind stock to your heirs, then it is well worth your time to get an idea of the tax treatment you will get and what it can mean in the context of your overall estate plan.

There a volumes to read on the topic of inherited stock, but thankfully Kiplinger posted a handy little note and Q&A on the topic last month with “The Tax Hit on Inherited Stock.” Essentially, stock is a partial ownership of something greater (a company) and the value of the stock is based on the company which is based on market which is based on when you buy and sell or how long you own the stock and/or who held the stock at each juncture. In other words, there are more than a few variables, as you well know, and these variables are what can make for a tax headache.

Contact Information