Richard
Elite Member
- Joined
- Apr 6, 2000
- Messages
- 4,993
- Location
- Knoxville, TN
- Tractor
- International 1066 Full sized JCB Loader/Backhoe and a John Deere 430 to mow with
One of my sermons to folks I deal with (especially if older) is to ALWAYS ALWAYS put/keep your stock certificates in your stock account and NOT in your hands in certificate form.
Though there are a couple reasons why one may want to keep stocks in certificate form, my feelings and contention is that the "risks" and downsides outweigh any perceived benefits.
Example: (real life one) Once had man come into office, had recently dealt with the passing of his mother. He handed over approximately 16 different stock certificates. Some in her name, some joint with her and him, some joint with her and father. Long story short...it took maybe 6 MONTHS before we were finally able to iron out all the kinks and get all the certificates in his name alone.
Here in Tennessee, if your executor walks in with your stock certificate to deposit..they need, I believe, to bring a Tennessee Tax waiver, court certifed letter of testementary LESS than 30 days old, sign a stock power (or certificate itself) and a letter of instruction as to depositing the certificates.
A copy of this is needed for EACH different stock you have. If you have 50 certificates of General moters, we need one set of the above. If you have 50 certs of different companies, we need 50 sets of EACH of the above...50 letters of testementary, 50 stock powers.
If you have 50 stocks held INSIDE a stock account, then ONE set of the above paperwork will suffice to convert the entire account to estate.
If you want to really "get" the executor of your estate...then have many many stock certificates of different companies. Let them clear it up...if on the other hand, your child is your executor and you prefer to make an emotionally distressed time easier for them, then do them a BIG favor and clear it up while you can sign yourself and put them on deposit.
Situation #2: Loss of certificate
If you have 1,000 shares of $40 stock and LOSE the certificate...fire, theft...memory.. you can apply to have the certificate replaced by the transfer agent. They will charge typically 2% of current market value (in this case $800) to replace your certificate. The charge is used by them to pay for a surity bond..such that if a crook were to forge your signature and try to liquidate the shares (and in fact is successful on receiving the money) the surity bond reimburses the transfer agent for essentially, paying the stock out twice.
If this happens on one certificate..fine..but what if you are the one that has the 50 different certificates? It can really start to add up.
Off my soap box now. Sorry to "preach" but I have seen people so many times in the emotional duress of dealing with an estate have their stress magnified because of having to also deal with these issues. It CAN be made much easier on your loved ones...and indeed..in case of lost certificates..yourself.
Just my .02 for those who care, and may have exposure here.
Richard
Though there are a couple reasons why one may want to keep stocks in certificate form, my feelings and contention is that the "risks" and downsides outweigh any perceived benefits.
Example: (real life one) Once had man come into office, had recently dealt with the passing of his mother. He handed over approximately 16 different stock certificates. Some in her name, some joint with her and him, some joint with her and father. Long story short...it took maybe 6 MONTHS before we were finally able to iron out all the kinks and get all the certificates in his name alone.
Here in Tennessee, if your executor walks in with your stock certificate to deposit..they need, I believe, to bring a Tennessee Tax waiver, court certifed letter of testementary LESS than 30 days old, sign a stock power (or certificate itself) and a letter of instruction as to depositing the certificates.
A copy of this is needed for EACH different stock you have. If you have 50 certificates of General moters, we need one set of the above. If you have 50 certs of different companies, we need 50 sets of EACH of the above...50 letters of testementary, 50 stock powers.
If you have 50 stocks held INSIDE a stock account, then ONE set of the above paperwork will suffice to convert the entire account to estate.
If you want to really "get" the executor of your estate...then have many many stock certificates of different companies. Let them clear it up...if on the other hand, your child is your executor and you prefer to make an emotionally distressed time easier for them, then do them a BIG favor and clear it up while you can sign yourself and put them on deposit.
Situation #2: Loss of certificate
If you have 1,000 shares of $40 stock and LOSE the certificate...fire, theft...memory.. you can apply to have the certificate replaced by the transfer agent. They will charge typically 2% of current market value (in this case $800) to replace your certificate. The charge is used by them to pay for a surity bond..such that if a crook were to forge your signature and try to liquidate the shares (and in fact is successful on receiving the money) the surity bond reimburses the transfer agent for essentially, paying the stock out twice.
If this happens on one certificate..fine..but what if you are the one that has the 50 different certificates? It can really start to add up.
Off my soap box now. Sorry to "preach" but I have seen people so many times in the emotional duress of dealing with an estate have their stress magnified because of having to also deal with these issues. It CAN be made much easier on your loved ones...and indeed..in case of lost certificates..yourself.
Just my .02 for those who care, and may have exposure here.
Richard