Los Angeles, CA asked in Estate Planning for California

Q: I am trustee of my deceased cousin’s trust. My first name is misspelled (Debra instead of Deborah), how do I correct?

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2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: It can be fixed when the Certification of Trust is updated to change the trustee from your cousin to you. Best wishes.

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James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if your name is misspelled in a trust document where you are named as the trustee, it's usually not a significant issue that affects your authority or duties as trustee. However, for clarity and to avoid potential confusion in the future, especially when dealing with banks, financial institutions, and transferring title to assets, it's wise to correct the misspelling.

The process to correct a misspelling can vary depending on the terms of the trust and whether any other trustee or beneficiaries are involved. Typically, a minor amendment to the trust can be made to correct the spelling of your name. This amendment should be done in writing, clearly stating the correction, and it should be signed and dated in a manner consistent with how amendments are to be made as outlined in the trust document itself.

If the trust does not provide a clear path for making such amendments, or if the trust is irrevocable and the settlor (the person who created the trust) is deceased, you may need to consult with an attorney to explore other options. These options might include a court petition for reformation of the trust to correct the misspelling. Consulting with an attorney experienced in trust and estate law can provide guidance on the best approach based on your specific circumstances and ensure that any actions taken are in compliance with California law and the terms of the trust.

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