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Date:   Wed, 04 Jan 2006
From:   Rafael

Hello Michael,

Assume that options have been issued with a vesting period of four years. The employee dies after one year. Do the successors of the decedent have any rights to the unvested shares?

Thanks in advance,
Rafael

Answer

Date:   Mon, 09 Jan 2006

Hello Rafael,

No. Vesting means that conditions must be met in order to have unrestricted ownership of the shares or options. In most cases, this means the options become vested or owned without restriction as the employee meets the "time in service" requirements. When the requirements haven't been met, the options haven't been "paid for" with the employee's required labor.

Good luck!

Mike Gray

For more information about incentive stock options, request our free report, Incentive Stock Options - Executive Tax and Financial Planning Strategies.

For more information about non-qualified stock options, request our free report, Non-Qualified Stock Options - Executive Tax and Financial Planning Strategies.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this answer was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.