Legal Question in Wills and Trusts in California
Name change
I am named as a trustee on my Mothers living trust and also am Executor of her will. I have used a different name than the one on my birth certificate for twenty five years. My birth name is the one used on both these documents. I never legally changed my name, but its the one I use and my social secrity # reflects this name, etc. Does my Mother need to amend these documents to acknowledge the name I now go by?
3 Answers from Attorneys
Re: Name change
its best if she does, x also know as y --
Re: Name change
This shouldn't be a problem unless you think there is somebody out there who will dispute whether you are her son or the intended executor. Your birth certificate is proof that you are, indeed, her son, regardless of what name you guy buy. But, you could have her publish a brief codicil clarifying the appointment as "my son, john doe, aka, joe blow". If you really want to nail it down, have her go to a medical lab and have a sample taken of her dna (usually just a cotton swab in the cheek) and have her doctor keep it. If controversy should arise after her death, you could have absolute dead certain proof that you are her child.
Re: Name change
One other thing you can do. I can't recall, but I don't think, california puts infant hand or feet prints on birth certificates. But hospitals often do create and keep such records so as to not confuse children. I have such a record of myself, as I was born in California. Contact the records office of your hospital, and see if you can get a copy of your hospital birth records with prints. That will be further proof positive. But, nonetheless, the codicil would be prudent.
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