Oregon Irrevocable Power of Attorney for Transfer of Stock by Executor
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How to fill out Oregon Irrevocable Power Of Attorney For Transfer Of Stock By Executor?
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FAQ
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.
To facilitate a transfer, the executor will need a copy of the decedent's will or a letter from the probate court confirming that the beneficiary in question is indeed the person entitled to receive the shares. The executor must then send these documents to a transfer agent, who can complete the transfer of ownership.
An executor will administer your will when you die making sure your wishes are carried out; an attorney protects your interests while you're still alive.
Irrevocable Trust DisadvantagesInflexible structure. You don't have any wiggle room if you're the grantor of an irrevocable trust, compared to a revocable trust.Loss of control over assets. You have no control to retrieve or even manage your former assets that you assign to an irrevocable trust.Unforeseen changes.
An executor can appoint an attorney to act in their place even if they have intermeddled in the estate, so as long as the grant of probate has not been applied for.
How to Transfer Assets Into an Irrevocable TrustIdentify Your Assets. Review your assets and determine which ones you would like to place in your trust.Obtain a Trust Tax Identification Number.Transfer Ownership of Your Assets.Purchase a Life Insurance Policy.
Transfers to an irrevocable trust are generally subject to gift tax. This means that even though assets transferred to an irrevocable trust will not be subject to estate tax, they will generally be subject to gift tax.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
To transfer cash or securities, the trustee will open an account in the trust's name, and the grantor will instruct his or her bank or broker to move the funds from his or her account to the trust's account. For real estate, a deed is used to transfer legal title of the property from the grantor to the trust.
Moving Stocks or Bonds to a Trust To put stocks or bonds that you hold into a trust, you typically use a document called a securities assignment (sometimes called a "stock power"). This document asks the securities' transfer agent for permission to transfer the securities to your trust.
