What happens if the last name for an executor is incorrectly listed in a Trust document?

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What happens if the last name for an executor is incorrectly listed in a Trust document?

My father just informed me that I am to be the executor of his Will and showed me the details of his Trust. The problem is that my name is incorrectly written on the Trust – he used my husband’s name, while I still use my maiden name legally. He is worried that this could cause everything to go into probate upon his death. Is there a way that I could have 2 legal names or does the Trust have to be rewritten?

Asked on April 13, 2014 under Estate Planning, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The trust does NOT need to be rewritten.  Your father can file an amendment to the trust correcting your name. 

The amendment would say something to the effect that, I_________ (your father's name) hereby amend my living trust as follows:  The executor of my Will is my daughter, whose legal name is __________   not _______.

Dated:_________

______________

(your father signs on the line and prints his name below the line).


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