Legal Question in Wills and Trusts in California

Estate Planning,

15 years ago my x husband quit claimed his interest in a real property. I have a new legal name as of 2009 but have not changed the name on the deed. I am also preparing to fund my living trust.

Question:

Can I change the name on the deed and fund the trust at the same time?

or

Do I have to prepare a "deed of correction" then after that fund the trust by transferring the corrected deed into the necessary living trust document?

Thank You,

AK


Asked on 2/14/11, 10:56 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

There should be no need to change the name on the deed. People can have several different "legal" names. A change of name is really only needed to be able to change the name on official documents so the name used is consistent, but in fact you can use any name(s) you want to as long as it is not used to deceive people.

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Answered on 2/14/11, 11:12 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

Since you will be establishing your trust, you will be transferring your property into your name as trustee of your trust . You can make your name change at the same time in the same deed. There is no need to prepare separate deeds.

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Answered on 2/15/11, 10:55 am


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