Legal Question in Wills and Trusts in California

My husband and I did a family trust. The name I used in the trust included my maiden name. It is different than my legal name or the name that is on my drivers license. Will that cause a problem. The lawyer said I could use any name I wanted but now I am worried since I don't have any other document with that exact version of my name on it.


Asked on 4/17/13, 5:11 pm

4 Answers from Attorneys

Aaron Feldman Feldman Law Group

You can draft a simple addendum to clarify that in addition to your maiden name you are also known as .....

I am not sure if it is legally required, but if assets need to be re-titled later having the legal names referenced somewhere in the trust or an amendment might be helpful.

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Answered on 4/17/13, 5:19 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree with Attorney Feldman. A simple amendment should take care of any future problems that arise due to the name confusion.

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Answered on 4/17/13, 6:20 pm
Thomas Reid Happe Reid, PC

I would agree with both of the above. It is important to make sure the property is titled appropriately, but that should be able to be handled by the amendment.

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Answered on 4/17/13, 9:56 pm
Julie Mains Mains Law Office

Just to add to the above answers, the amendment that you want to do is a "one and the same" amendment - Jane Jones Doe Smith and Jane Does Smith is one and the same persona as Jane Jones Smith. Make sure to have the signatures on the amendment notarized and keep it with your original estate planning documents.

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Answered on 4/18/13, 8:35 am


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