Q: I was given a home in California from a California friend (now deceased) does it matter if my name is spelled wrong?
My name is John A. Doe and the trustor in the trust gave the home to John E. Doe. Can I simply take title to the home or what needs to be done to correct the trust error? Would I have to go to court to resolve this?
A: If there is a mistake in the spelling of your name in the trust document, it could complicate the transfer of the home. Consulting a legal professional who specializes in estate planning or real estate law is advisable to understand the steps needed to correct the error. Depending on the trust and applicable laws, it may require an amendment or trust restatement. In some cases, court involvement may be necessary.
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A: The deed should be corrected. The process is called Scrivener's Affidavit. You need to draft and notarize an affidavit and record it with the county recorder's office. You will also need to complete and submit a Preliminary Change of Ownership Report (it's a form). You will also need to draft, sign, and notarize, and record Corrected Grant Deed. It would likely benefit you in having an attorney do all this for you for 1-2 hours of their time to avoid any additional issues.
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