A living trust allows you to transfer property to the people and charities of your choice without going through probate, the court-supervised process of distributing the estate of a deceased person. A trust avoids probate because assets transferred into the trust are held in the trust’s name and not in your name as an individual.
This brings us to some common questions regarding a living trust—what should you name it? And can you change it once you have named it? Is privacy a consideration?
What follows are some frequently asked questions and answers regarding naming a living trust.
Why should I be concerned with naming a living trust?
In order for a trust to actually hold title to property, whether it is a home, brokerage account, business interest, etc., the trust must be identifiable. The way a trust is identifiable is by its formal name. Contrary to what many people think, you don’t have to name your trust your full family name. You do have other options.
What are some considerations when naming a trust?
Sometimes a name might feel too long or you may be concerned about privacy issues. When you name a trust, the name you choose for the actual title of the trust will be in the title of each asset in the trust. Plus, in most cases, the person(s) transferring assets into the trust are the trustees of the trust. The name of the trustee of the trust will be on the title of your trust assets.
So, if you put a bank account into your trust, you would need to rename the bank account to be your name, as trustee, followed by the name of the trust. For example, if someone named John H. Smith transferred his bank account into his trust named “The John H. and Mildred R. Smith Living Trust” and was the trustee, the owner of the account would be “John Smith, Trustee of the John H. and Mildred R. Smith Living Trust.”
In light of this requirement, people often choose to shorten the name of the trust—in this example, perhaps to the “Smith Family Trust” rather than the “John H. and Mildred R. Smith Family Trust.” The title of the trust accounts and real estate would be “John H. Smith, Trustee of the Smith Family Trust.”
Do I need to include the word 'family' in my trust?
No, it is not a requirement to use the word “family” in your trust name. You might prefer simply a combination of last names. Or another name entirely.
If I don’t use a family name in the trust name, what are my options?
You can name a trust anything you like, and the name can be long, short, simple or complicated. When choosing a name, keep in mind that the name will be in the title of any asset held in the trust. This consideration may inspire some to keep the name on the short side.
There are situations where the owner chooses not to include his or her personal name in the trust title. For example, if someone has a trust that will only ever hold a particular piece of real estate and nothing more, the owner might name the trust after the property address. So, using the above example, if John H. Smith decided to name his trust after a particular property, like “The Main Street Trust,” the title to the property would be “John H. Smith, Trustee of the Main Street Trust.”
Note that if any property held in the trust is transferred out of the trust, and later transferred back into the trust, the same name of the trust must be used again, unless the trust's name is changed as mentioned below.
Should I name the living trust after myself or a family member?
It is most common to include at least the last name of a person putting their property into the trust in the trust’s name. It is, after all, that person’s property.
Do I have to include the date on which the trust was signed in the name of the trust?
Although you don’t have to use the date of the trust's signing in the trust name, having it in the title is useful for future reference when seeking to identify the trust. It’s also helpful to include the date if a person has more than one trust with similar names.
Can I change the name of a living trust?
By its very nature, a living trust is changeable. But if you do change the name of the trust, you must also retitle the trust assets in the new trust name.
Final thoughts on naming a trust
Once you've decided to create a living trust, naming it appropriately is an early step in creating an estate plan that works for you. By taking into consideration the factors discussed above, you can better ensure the name you choose is right for you.
Trust naming FAQs
How does the name I choose for my trust affect my assets?
The name you pick for your trust becomes part of the title for every asset you put into the trust. When you transfer things like your house, bank accounts, or investments into your trust, they get retitled to include both your name as trustee and your trust's name. You'll see your trust's name on all your paperwork, so it's important to choose something you're comfortable using repeatedly.
Should I keep my trust name short, or can it be long?
It's better to keep your trust name short and simple to avoid problems later. Long trust names often get cut off on forms or documents because there isn't enough space. They're also more likely to be misspelled by banks, title companies, or other businesses handling your paperwork. Keeping names short can reduce your risk of errors that might make transferring assets harder down the line.
Can I name my trust something that doesn't include my personal name?
Yes, you can choose any name for your trust, even one that doesn't include your personal information. Some people name their trust after a property address, like "The Main Street Trust," or use creative names for privacy reasons. However, using a name that doesn't clearly identify you might cause extra questions during transactions. Banks and title companies may ask for more paperwork to verify that you're authorized to handle the trust's business.
What happens if I spell names wrong in my trust?
Any names in your trust must match exactly how they appear on your official documents, like your driver's license, Social Security card, or property deeds. Even small differences like missing "Jr." or "Sr." can cause delays when you're trying to transfer assets. If there are spelling differences between your various official documents, you should address this in your trust paperwork with an explanation. This prevents confusion later when banks or other institutions are trying to verify your identity and authority to manage the trust's assets.
Can I change my trust's name after I've already funded it?
Whether you can change your trust's name depends on what type of trust you have. If you have a revocable trust (which most people do), you can usually change the name, but it requires updating all the legal documents and retitling all the assets. If you have an irrevocable trust, you generally cannot change the name once it's established. Also, if you ever remove an asset from your trust and want to put it back later, you must use the exact same trust name unless you've formally changed it through legal amendments.
Should I name my trust after a specific property I own?
Naming your trust after a property address can work well if the trust will mainly hold that one piece of real estate. For example, "The 123 Oak Avenue Trust" clearly identifies what the trust is for and can help keep your business affairs organized. This approach works especially well for rental properties or commercial real estate. However, if you plan to add other types of assets like bank accounts or investments later, a property-specific name might seem odd or limiting.
What's the most practical way to balance privacy and convenience when naming my trust?
It’s common to use your family name in the trust unless you have specific privacy concerns that outweigh convenience. Names like "The Johnson Family Trust" make transactions smoother because banks and other institutions immediately understand who's in charge. If privacy is important to you, consider whether the extra paperwork and questions that come with anonymous trust names are worth it for your situation. For most families, the convenience of using recognizable names outweighs the privacy benefits of creative or anonymous trust names.
'%20/%3e%3c/svg%3e)
'%3e%3cpath%20fill-rule='evenodd'%20clip-rule='evenodd'%20d='M9.31239%2025.5316H13.0679V14.1032H9.31239V25.5316ZM11.1913%208.46875C9.93945%208.46875%209%209.25086%209%2010.505C9%2011.5995%209.78211%2012.5389%2011.1913%2012.5389C12.6005%2012.5389%2013.3826%2011.5995%2013.3826%2010.505C13.3826%209.4082%2012.6005%208.46875%2011.1913%208.46875ZM27%2018.9577V25.5316H23.2445V19.4275C23.2445%2017.8609%2022.6174%2016.7664%2021.3679%2016.7664C20.2711%2016.7664%2019.644%2017.5463%2019.3316%2018.1756C19.1743%2018.488%2019.1743%2018.8004%2019.1743%2019.1128V25.5316H15.4165V13.9458H19.1743V15.5123C19.644%2014.7302%2020.5835%2013.6357%2022.6174%2013.6357C25.1234%2013.7908%2027%2015.3573%2027%2018.9577Z'%20fill='white'/%3e%3c/g%3e%3cdefs%3e%3cclipPath%20id='clip0_952_9489'%3e%3crect%20width='18'%20height='18'%20fill='white'%20transform='translate(9%208)'/%3e%3c/clipPath%3e%3c/defs%3e%3c/svg%3e)
