If part of your compensation comes through equity awards—such as stock options, restricted stock units (RSUs), restricted stock or performance shares—it’s vital to understand the rules governing how each type transfers to heirs. “Some plans may accelerate vesting at death, while others forfeit all or some portion of unvested awards,” Permenter explains. “For options that do vest, most plans impose a post‑death exercise window, often between 90 days and one year. Missing that deadline means the option expires worthless, resulting in a permanent loss of value for your family,” she says.
Restricted stock, RSUs and performance shares that are not forfeited typically vest automatically at death, but the timing and tax consequences may be problematic. “Even after the award vests, delivery of the shares to the estate can be significantly delayed, often far longer than families anticipate, as administrators work to verify beneficiary information,” Permenter adds.
Such delays may create liquidity challenges. “Income taxes are collected according to fixed IRS deadlines, regardless of when the shares are actually delivered to the estate,” Permenter says. “And the tax is based on their value at vesting, not the value when the shares are delivered. If the stock price declines sharply after vesting, your heirs may receive shares worth far less than the value used for tax determination.” After carefully examining your plan’s specific rules, your estate planning team might suggest using hedging strategies or insurance to close these potential gaps.
Meeting charitable goals and reducing taxes using unpaid income
If you have deferred compensation or unpaid retirement plan distributions, a significant amount of income could be paid out at the time of your death. Known as income in respect of a decedent (IRD), this pay could not only be exposed to estate taxes, but also be taxable as income to your beneficiaries. If philanthropy is one of your estate goals, you could potentially eliminate that tax obligation for your heirs and maximize your charitable gifts by directing IRD to a donor-advised fund or charitable trust.
“Since those assets are out of your taxable estate and the charities won’t owe income tax, gifting IRD can be much more efficient than using money you’ve already paid taxes on,” Stahl says. For your family’s inheritance, focus where possible on assets such as appreciated and unrestricted company stock, because those will receive a basis adjustment to their value at the time of your death, minimizing potential capital gains taxes, he suggests.
Accounting for multiple homes
As your career accelerates, you may find yourself owning homes in different states. As part of your estate, these properties may be subject to probate rules and estate taxes in multiple jurisdictions, Stahl notes. “Thoughtful ownership and titling of properties can help reduce both the administrative costs and tax implications of settling your estate,” he says. Placing properties in a trust could keep them out of probate and provide for ongoing management or sale of the properties, with directions on how the trustee will distribute the proceeds if they’re sold.
Regularly revisiting your estate plan, even after retirement
“Many of these challenges become simpler when you retire,” Stahl says. “Within a few years, your unvested equity is vested, company stock restrictions are gone, deferred compensation distributions may have commenced and your company retirement plans can now be consolidated and managed outside of the organization.” But that doesn’t mean the planning ends. “Now that you can be more proactive about your concentrated holdings, advisors can help you with strategies to diversify your portfolio, minimize taxes and think more broadly about gifting strategies,” he adds.
Making trusts a part of your estate plan
Trusts can play an important role in helping you meet these and other estate planning goals, Permenter notes. For example, if you become incapacitated, having a revocable trust in place could help smooth the path for someone you trust to manage your assets, and to ensure privacy and avoid delays of probate if you die. Irrevocable trusts, meanwhile, can help you transfer your wealth to loved ones, give to the causes you care about or meet other goals.