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My Mother appointed My Brother and I as co-Trustee's. My…

My Mother appointed My...

My Mother appointed My Brother and I as co-Trustee's. My name has been legally changed. But my Mother wrote it up as my birth name. What can I do to make it legal when she passes

Lawyer's Assistant: Estate laws vary by state. What state are you in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

Name changed in court paperwork

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My drivers license has my name change. Not what the Trust names me as. Also Bank says they will not honor the Trust because they will not take responsibilty for two names?

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Answered in 5 minutes by:
3/28/2018
legalgems
legalgems, Lawyer
Category: Legal
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Normally if a party can prove their identity by providing certified copies showing the "chain" connecting the names, the party will accept those documents (similar to a married person using an old ID and then presenting their marriage certificate in order to get a new ID in their new name)

If a third party will not honor it then the co-trustee can seek a "declaratory judgment" stating that the named trustee is the trustee for the specific trust;

Probate code 18100.5 allows the trustee to present a certification/abstract of trust; if a third party unreasonably demands a copy of the trust and litigation results to enforce the trust, the third party can be liable to the trustee for legal fees; please see:

(h) Except when requested by a beneficiary or in the context of litigation concerning a trust and subject to the provisions of subdivision (e), any person making a demand for the trust documents in addition to a certification of trust to prove facts set forth in the certification of trust acceptable to the third party shall be liable for damages, including attorney’s fees, incurred as a result of the refusal to accept the certification of trust in lieu of the requested documents if the court determines that the person acted in bad faith in requesting the trust documents.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=9.&title=&part=6.&chapter=2.&article=

Normally if that statute is provided to the officer of the bank they will comply.

Sample certification here

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