Can A Trustee Use Their Maiden Name?
Can a trustee use their maiden name if it's not their current legal name?
I've heard a couple of Trust gurus say that one of the best types of people to use as a trustee are married females who would then use their maiden name as the trustee.
Well, I tried to set up a trust in just this way and a week or so before the closing of the purchase of a property. We needed to have something notarized and we told the notary that she was signing using her maiden name. The notary said no way. The notary said that a person can only have one legal name at any given time. I've heard this in other venues as well. I've looked all through the Ohio Revised Code and called the magistrates office here in Ohio but I can't really determine if that is in fact the case.
So, if this is correct how do these gurus who want to use someone's maiden name get away with it if it's not their legal name?
Has anyone used this technique? And if so, are you at all concerned that if what I'm surmising is true, it could invalidate your trust?
Problem might be that the law requires a NP to positively ID the signer, with photo ID, etc...and the married F might have a tough time producing satisfactory ID for the NP.
But I'd ask several NPs and probably find one who'd do it...if the ID can be proven & demonstrated.
Also, I'd recommend you go find the OH statutes on NP and their rules and regs under those statutes & state licensing rules...a Google search "OH Notary Public Statutes" will probably get you there quickly.
Just remember that the statutes are only part of the NP's marching orders, and the other part is the licensing body's rules, so find those too.
Any law library (at courthouse) librarian could show you where & how to check those licensing regs.
Last, but very important: Don't use a NP who is related to you, as he/she'd be VERY reluctant to get on a witness stand and testify how impartial they'd been in the deal. Better to pay a few bucks and get a NP who IS totally neutral.