Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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?

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/28/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,832
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question

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

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,832
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,832
13,832 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I live in California. My husband and I have 2 properties and
I live in California. My husband and I have 2 properties and bank and broker's accounts held jointly. My husband has 3 children (6 grandchildren) from first marriage - we have 2 children (and no grand… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
14,746 satisfied customers
Do you need a co-trustee. California. My mother has a living
my mother has a living trust where she is the trustee … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
Background: My mother's trust says the following: “I shall
Background: My mother's trust says the following: “I shall act as Co-trustee under this instrument along with my spouse, A. Lawrence Soloway. Upon my death, or if I resign or become incapacitated, the… read more
Sean K
Sean K
Attorney/Member
JD
952 satisfied customers
Second opinion] my Mother appointed My Brother and I as
Second opinion] 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… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
I have been my moms power of attorney for years, shes passed
I have been my moms power of attorney for years, shes passed recently and there is no living trustee any more how can I be her trusteee I have a sisteer who is mentally and physically handicapped. Any… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,313 satisfied customers
I need to hire an attorney but need to know where -
I need to hire an attorney but need to know where - California or North Carolina to assist me through my mothers estate process and concerns regarding my brother's fiduciary responsibility, or lack th… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
We have a estate situation. 7 siblings, father left one of
We have a estate situation. 7 siblings, father left one of the Brothers as executer and the mother was diagnosed as having dementia. One sister has unbeknownst to the family got the mother to sign doc… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
My mother died in Pennsylvania August 22, 2017. What can/may
My mother died in Pennsylvania August 22, 2017.What can/may I do (and what would be the process) to move ahead with the administration of my mother's estate and Trust considering that my brother and s… read more
Michael Bradley
Michael Bradley
JD
1,635 satisfied customers
My dad passed away and created a trust that my brother and
My dad passed away and created a trust that my brother and step mother are co trustees. The will states that if for any reason my brother cannot be trustee, I will be his replacement. There is no such… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Four years ago my mother made me co-trustee of her revocable
Four years ago my mother made me co-trustee of her revocable living trust so that I could take over her finances. Her mild dementia has taken a turn, and has caused her to become paranoid/lose touch w… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
My brother and s wife owed $84,000.00 to our parents
My brother and his wife owed $84,000.00 to our parents for mortgaged property they purchased in 1998. The mortgage was secured by a Deed of Trust (McMinn County, Tennessee) to my parents as Trustees o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Hello My mother passed away recently. She had a trust/will
Hello My mother passed away recently. She had a trust/will that says residue of assets shall go to the trustee to be distributed and administered according to the trust ( which is divided equally betw… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My husband was named executor of his parents estate and irrevocable
My husband was named executor of his parents estate and irrevocable trusts in Lodi, California almost 20 years ago. 5 years ago his father died. 2 years ago, his mother, who has dementia changed the e… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My mother passed away in june and she left both a Trust and
My mother passed away in june and she left both a Trust and a will. On two of her insurance policies she named me as the beneficiary. I am also one of the trustees. The insurance companies sent me a c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I was named beneficery for a insurance mutual fund account
I was named beneficery for a insurance mutual fund account and a life inurance policy from my mother. do I have to turn this over to the trustee. my mother passed away 3 weeks ago. my sister and broth… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
An incapacitated grantor of an irrevocable insurance trust
An incapacitated grantor of an irrevocable insurance trust and her brother as 20 trustee.Three beneficiaries and an attorney.While the third beneficiary is out of the country the other two force the b… read more
socrateaser
socrateaser
1,031 satisfied customers
HiCustomer My current attorney who did the pleadings
HiCustomer My current attorney who did the pleadings now tells me I owe him $60k.I paid him a retainer of $25k and told him once it was used to let me know.I can not wait any longer to freeze the trus… read more
socrateaser
socrateaser
1,031 satisfied customers
My father in law had a trust with him and my mother in law ...
My father in law had a trust with him and my mother in law as the trustees. My father in law passed back in October 2007. My father in law had 700K + in an IRA naming my mother in law as the beneficia… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x