If I change my name back to my maiden after my divorce but leave my house in my married name, can this cause problems after my death?
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If I change my name back to my maiden after my divorce but leave my house in my married name, can this cause problems after my death?
Could this cause a problem with a living trust after I am dead?
Asked on May 18, 2011 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it should not. An affidavit from a trustee - or whomever the law would have you write the affidavit - would clarify the issue after your death. If the living trust has yet to be written you should state both names in the trust in the opening paragraphs (also known as). But may I ask: if the house is being transferred as part of the divorce settlement are you not having your husband execute a deed transferring his interest to you? I am sure that you are doing so and then I would - of you plan on using your maiden name again solely upon divorce - transfer the property to you in your maiden name. Good luck to you.
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