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attorney Todd M. Villarrubia

Todd Villarrubia

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Estate Planning Strategies to Maximize Returns for Investors

Posted On: May 15, 2024

By: Todd Villarrubia

Todd M. Villarrubia, an authority in wealth planning and preservation, brings over 30 years of in-depth, experience to the complex challenges of safeguarding familial and individual wealth. Based in New Orleans, Louisiana, his expertise is not only recognized in the local community but also reverberates within the legal industry.
Integrating stock options into your estate plan requires careful consideration to ensure that your loved ones can benefit from this financial asset. This article explores how you can include stock options in your estate plan to maximize their value for future generations.

Stock options are a valuable component of many employment packages, allowing employees to accumulate wealth over time. However, integrating them into your estate plan requires careful consideration to ensure that your loved ones can benefit from this financial asset. The Trust & Will article “What Happens To Your Investments After Death” explores how you can include options in your estate plan to maximize their value for future generations.

What Do I Need to Know about Stock Options in Estate Planning?

Treat your options in estate planning like other assets or investments. The first step is figuring out the type you have. They are either incentive stock options (ISOs) or nonqualified stock options (NSOs). There are different tax rules once they are exercised and varying transferability rules. Consult with a knowledgeable estate planning attorney to help you navigate these complexities.

Next, determine whether your stock options are transferable. While some options can be passed on to heirs, others may expire upon death. Understanding their transferability allows you to make informed decisions about their inclusion in your estate plan.

What are the Strategies for Transferring Stock Options?

One common strategy involves gifting ownership of the options to heirs during your lifetime. Doing so can reduce your taxable estate, potentially minimizing the tax burden on your beneficiaries.

Transferring stock options to a trust or family limited partnership offers additional flexibility and control over their management. These options allow you to set usage or exercise conditions, providing peace of mind that your wishes will be respected.

What Common Challenges Should I Consider?

Not all stock options are transferable. Some may have limitations on who can inherit them. Understanding these restrictions enables you to plan accordingly and consider alternative strategies for managing your options.

Another estate planning strategy is exercising your stock options. Unexercised options are not transferable to a loved one and expire upon your death. Discuss exercising them and including them in your estate with your estate planning attorney. Some companies restrict their stock option recipients to family members, so exercising them now can be beneficial if you intend to pass them to your heirs.

Stock options are taxed when you exercise them, regardless of whether they are transferred to heirs. Knowing the potential tax consequences allows you to develop tax-efficient strategies within your estate plan.

Key Estate Planning for Investors Takeaways:

  • Incorporate Early: Include stock options in your estate plan as soon as possible to maximize their potential benefits.
  • Seek Professional Guidance: Work with estate planning and tax professionals to develop tailored strategies that align with your financial goals.
  • Stay Informed: Stay updated on the specifics of your options and any changes in tax laws that may affect your estate plan.


Integrating stock options into your estate plan can enhance the financial security of your loved ones and ensure that your legacy endures for generations to come. By understanding the transferability of your options, leveraging strategic gifting techniques, and seeking competent guidance, you can optimize the value of this asset.

Reference: Trust & Will “What Happens To Your Investments After Death”

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