Becoming Creative With the Title of Your Living Trust – A Fictitious Name for Your Trust

Becoming Creative With the Title of Your Living Trust –

A Fictitious Name for Your Trust

By Attorney Paul Hanks Ironclad Living Trusts in California

Many clients whose trusts are in the drafting stage make inquiry of the use of a fictitious name
for their living trust. California law contains no obstacles to using a fictitious name for your trust.

Normally the title of a living trust contains within it the name of the trust creator, for example, the
“Jones Revocable Family Trust”. So why have a fictitious name for your trust instead ? Some
clients merely like the idea of a unique title for their trust, for example, the “Orchard Sunset
Trust” or the “Blessed Heart Living Trust”.

Other clients who ask about a fictitious name for their trust have something else in mind, and
that is privacy. Some clients believe that a fictitious name will cloak them under a blanket of
anonymity.

If we lived in the distant past before the advent of the internet this might be true. However, the
internet unleashed the information age, and unless you live off the grid in the Montana
wilderness your life is an open book. The internet with ease allows anyone to look up your
name, spouse, family members, current address, past addresses, dates of birth, phone
numbers, and oftentimes even emails. And all that information is for free. If someone pays a
very small fee they can also access court proceedings, criminal history, and other matters.

In summary, while a fictitious name is fine for the title of your trust, it will not insulate you from
someone intent on seeking your personal information. Of course that should not deter you from
having a fictitious name for your trust, and I like the creativity I see from my clients in the titling
of their trust. Just like a book has a cover with a unique name so can your trust.

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