Legal Question in Wills and Trusts in Illinois
My living trust was created using my married name. The trust name is my married name. It was created in 2007 and amended in 2009. I divorced in 2011 back to maiden name. Do I need to amendment for my name as trustee and can I amend to change name of trust to maiden name?
2 Answers from Attorneys
You do not need to change the trust, but you may find it useful to do so. Since your assets should mainly be titled in the trust, there may be confusion in the future titling your assets. For example, you may purchase a car or open a new account and have to work through your name being what it is now and the trust being another. At the same time, you can also confirm that other changes are not warranted, particularly in light of the divorce. On the flip side, if you change the trust, then you may want to bring your current assets up to date.
A Trust can have more than one name. I recommend that you hire an attorney that can amend your Trust so that it can have two very specific names, and so that your identity as the Trustee is clear. After that is done, you can live the rest of your life by only titling assets into your Trust with the name of your choice. However, your loved ones may encounter confusion after your death if the Trust cannot be called by the name which you initially used.