Legal Question in Wills and Trusts in Texas
My father passed away and left a Will and Trust. His Trust stipulates that all the "rest and residue" of his estate passes to his beneficiaries to be put into individual trusts for them. Problem: my father put my name in his Will and Trust with the wrong last name. The last name in the Trust has never been my legal name and does not match my driver's license. The estate administrator applied for a Trust Tax ID Number in that wrong name too even though he was well aware that was not my legal name. I am the Trustee of my Trust but when I went to open a Trust in my correct legal name that matches my driver's license and everything else I have, the bank won't open the trust because the name on my dad's trust does not match my driver's license and is not, nor ever has been, my legal name. I have submitted a change of name form to the IRS to correct the error, but I don't think a bank will still let me open a trust account because the name in my dad's Trust does not match my legal name. What do I do?
1 Answer from Attorneys
Get the probate judge to sign an order saying that the person referred to as "your correct name" and, in decedant's Will as "incorrect name" are one and the same person. That might satisfy the bank. (Insert acutal names).
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