Q: Hello, I have a ESOT that my father gave to me; it’s in his name but he has passed away. What should I do with it?
A:
When your father passed away, his Employee Stock Ownership Plan (ESOT) became part of his estate. You’ll need to follow the proper steps to transfer the ESOT to yourself or the appropriate heirs. Typically, this process involves contacting the ESOT administrator to notify them of your father’s passing and providing necessary documentation, such as a death certificate and proof of your legal right to manage his estate.
If your father had a will, the executor named in the will should handle the transfer of assets, including the ESOT. If there was no will, California's intestacy laws determine who inherits the assets, and you may need to go through probate. Probate could involve filing paperwork with the court to officially appoint you or another family member as the estate's administrator.
It’s important to act promptly, as there could be deadlines related to the ESOT. Also, reviewing any tax implications with a tax professional would help avoid complications. Reaching out to the ESOT plan administrator is a good first step to understand the exact requirements.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.