Article: Attempting a Weekend Taxable Gift of Securities from a Brokerage Account (If You Must)

Paul M. Cathcart Jr. (Hemenway & Barnes LLP) recently published an article, Attempting a Weekend Taxable Gift of Securities from a Brokerage Account (If You Must), ABA Probate & Property Magazine, Jan/Feb 2023. Provided below is an abstract to the article:

In this article, guidance is offered regarding attempting to complete a taxable gift of securities, held in a brokerage account, before the gift can be reflected on the broker’s books. In the process, some of the governing law is identified to give the reader a foundation from which to answer other questions involving brokerage accounts. The author concludes that a declaration of trust, immediately followed by a conforming directive to the broker, labeled “irrevocable,” is generally the surest approach.