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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 18382
Experience:  B.A.; M.B.A.; J.D.
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I'm an attorney who did a trust for a client in Hawaii. It

Customer Question

Hi. I'm an attorney who did a trust for a client in Hawaii.
It was a 4th amendment and restatement of the trust for the client.
I finished it but I was worried because the client used different vendors to do each trust and the trust, which should keep the original name of the first trust, didn't always follow that pattern. It went as follows:
1. First Trust - ***** *****ph Phillips Trust dated March 31, 1998
2. Second Trust - First Amendment and Complete Restatement of the ***** *****ph Phillips Trust dated August 25, 2005
3. Third Trust - Donald J. Phillips Revocable Living Trust dated April 30, 2012; and
4. Fourth Trust (I did this one) - I corrected it to the original name of the trust so that this trust is ***** *****ph Phillips Trust dated March 31, 1998 and any amendments thereto.
I got worried because when other service providers did a title change to the trust for previous trusts, they didn't exactly use the original name of the trust - e.g. for a deed of their property, one attorney said "***** *****ph Phillips Trust dated August 25, 2005." I don't think this is wrong but I thought it should have said "***** *****ph Phillips Trust dated March 31, 1998, and any amendments thereto" to keep the original name of the trust.
The client had dementia so it was really hard for me to track everything. If there has been several amendments and when the title of the assets have been changed to the name of the trust, and they didn't keep exactly the same name of the original trust, would it still be OK?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Phillips Esq. replied 5 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 5 months ago.

No, it is not really okay. The discrepancy may appear to be minor, but it can cause real headache if there is a dispute.

You have the name of the trust right with the amendments:

"***** *****ph Phillips Trust dated March 31, 1998, and any amendments thereto" to keep the original name of the trust.

Customer: replied 5 months ago.
Thank you. ***** contact the attorney who did the deed for their property and titled it ***** *****ph Phillips Trust dated August 25, 2005? It's a real pain to do the deeds in Hawaii. Also, because the client has dementia, he has lost some of his memory and doesn't remember how he titled the property, to whom he designated as beneficiaries for his IRA, etc. Do you suggest I contact the client again and really look at all of their assets to see how they were titled or redo their titling?
Customer: replied 5 months ago.
Hello?
Expert:  Phillips Esq. replied 5 months ago.

Yes, I am here. I was assisting another site user when you responded. Kindly give me a few minutes to review your follow-up post and prepare my response. Thank you.

Expert:  Phillips Esq. replied 5 months ago.

Before you contact the previous Attorney who handled the deed, you must find out exactly how the assets are titled in the first place. You cannot tell the previous Attorney to redo the deed when you are not sure what the correct title should be.

Customer: replied 5 months ago.
Thank you.
Expert:  Phillips Esq. replied 5 months ago.

You are quite Welcome!

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

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