her name on the drivers license will not match the name uses as trustee and the typical notary will not notarize it. If she could prove who she was or they personally knew her they could notarize her signature. I don’t think it is worth the hassle get someone to be trustee that can sign as shown on their license.
I was trustee on one where the bank notary would not notarize the sellers signature because the license had not been updated with the married name. She went to her credit union and got it notarized.
I posted this on the legal forum. But thought I would repost this question here also.
Can I legally have my mother be the trustee of a land trust and sign it using her middle and maiden name only? For example, if my mother’s maiden name was “Jane Ann Doe” and her her married name was “Jane Ann Smith”; could she legally sign her name as “Ann Doe” as trustee for a land trust?
If it is legal; how should my mother sign something that has to be notorized? How would she identify herself to the notary since anything identifying her would have her married name “Jane Ann Smith” as opposed to her middle and maiden name “Ann Doe”? Would she use a/k/a and n/k/a? For example, "1234 XYZ Steet Land Trust “Ann Doe” also known as “Jane Ann Doe” now known as “Jane Ann Smith” as trustee? I would prefer that not be the case since it would then be public record what my mother’s true name is. That would defeat my purpose. Could I have her sign a notorized affidavit basically stating that she is both “Ann Doe” and “Jane Ann Smith” and then have her show this affidavit to any subsequent notary; as identification; when she has to sign something that has to be notorized?
Assuming this is legal, I want to make being my trustee as hassle free as possible for my mother. For this reason, I thought I would get a rubber stamp made of her signature. If I do this, will a power of attorney be sufficient to allow me to sign her name to documents?
My mother has been a homemaker and married to my father for about 30 years. There, is little if anything in the public records with her name on it. Plus, anything in the public records would have her married name on it. I figure, it would be difficult or close to impossible for someone to track down my mother using her middle and maiden name. Thus my privacy is protected
YES SHE COULD BE THE TRUSTEE, SHE SHOULD TAKE HER DRIVER LICENSE OR SOME TYPE OF I.D. TO THE NOTARY NAME ON THE TRUST AS A TRUSTEE SHOULD BE THE ONE ON THE ID
Re: Using mother as trustee of Land Trust - Posted by Ken (ILL)
Posted by Ken (ILL) on January 27, 2002 at 08:59:15:
The main thing you have to worry about when having a lady use her mainen name is that she will need to prove that the name used on the document was truthfully a name she once had. It doesn’t have to be the name that she now has, but in court, she will have to prove that the name she used was indeed a legal name for her once. The only time this question should be a factor is if there are any court procedings against the trust, her, or you (if somehow they find out that you or your company are the beneficiary of the trust). In most cases, there should be no reprecussions from her using any leagl name she has had.