WHAT NAME SHOULD I GIVE MY MISSOURI LIVING TRUST?

21
Jun2021
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WHAT NAME SHOULD I GIVE MY MISSOURI LIVING TRUST?

  • By Legacy Law Center
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WHAT NAME SHOULD I GIVE MY MISSOURI LIVING TRUST?

              Creating a living trust allows a person to transfer property to the people and charities of their choice.  It also makes the process of avoiding probate in Missouri in easier.  Avoiding probate with a trust lawyer near me occurs because the assets that have been funded or titled in the name of the trust are not owned by the trust creator at death…they are owned by the trust.

One part of creating a living trust Creve Coeur is naming the trust.

This article will discuss various issues surrounding the naming of a trust before its creation and why the name matters.

Why Does the Name of a Living Trust Matter?

The name of the trust is important because in order for the trust to actually hold assets (or be the named beneficiary of assets), the trust has to be identified.  Trusts are identified by their name and, often, the date they were created.

So let’s take an example:  Dan and Donna Jones, husband and wife, create a trust on June 1, 2021.  The title of the living trust might be “The Jones Living Trust, dated June 1, 2021.”  Once the trust has been created and executed, among other things, Dan and Donna will need to go re-title their joint checking account into the name of their revocable living trust.  This is a very straightforward process at the bank.

Does My Trust Have To Identify My Name?

No, it does not.  Some clients are concerned with privacy issues and therefore request to name their trust but without their name being included.  You can choose just about any name you want.  Often the term “Heritage Trust” is used.  It can be as fun as naming a boat, as long as we keep the name clean and respectful.

Can a Person Have More Than One Trust And Give Each One A Completely Different Name?

Absolutely.  There is no limit on how many living trusts a person can create.  Often clients create a second trust to hold only a piece of land or a specific asset.  The second trust may have completely different trustees and beneficiaries.  With respect to the name, obviously it will need to be separately identifiable as compared to the original trust name.

Am I Able To Change The Name If I Later Change My Mind?

Yes, but each asset held in the original name will have to be re-funded into the new trust name.  This creates a practical issue of whether it’s really worth it to change the name just because.

Can You Give Me An Example Of Why A Private Name For My Trust Can Be Beneficial?

Yes.  Years ago I worked for a gentleman who was very well off.  He wanted to bid on a foreclosed property but was worried that others would see his name as a bidder and either realize it was a great value and outbid him, or up bid so it would cost more if he won.

So he created a trust which had a name that had no mention of his name.  Because a trust by itself if a private document, when he bid for the property under the name of the living trust, no one knew who was making those bids.  He ended up winning the bid for the property, which was a terrific deal.

Conclusion

Naming a living trust is part of the creation process.  An experienced trust lawyer St. Charles can help you with this and give you various options for the name.