Estate Planning

Notary Issues: (1) Name Changes and (2) Not Driving?

By Jennifer Sawday

Name Changes.
If you recently changed your name and own real property, please consider doing a quitclaim deed from your old name to your new name while you still have identification for proper notarization.

We had a situation come up where a client owned real property for many years under one name and changed their name ... and changed their identification to match their new name.  This can create a hassle as California notary laws require that any identification for proof of the signer's identity be no older than 5 years. Our alternative pursuant to the California notary laws was to find two subscribing witnesses who knew this individual under their former name.

A quitclaim deed would be as follows:

Grantor Marty Doe hereby quitclaims to Marty Smith ...

Consult with your attorney to see if you should prepare and record a quitclaim deed to reflect your new name and for more specific information on how this deed should be prepared.

Not Driving?
If you are not driving or otherwise giving up your California Driver's License, please obtain either a California Identification Card or Senior Identification Card from the California DMV. The procedure is easy, especially when you make an appointment online. There is no charge for a Senior Identification Card. It is always a good idea to have current identification available for notarial and other purposes.

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Estate Planning, Probate and Trusts involve complex areas of law. Individual circumstances must be considered before any advice can be given.  The general information above is not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.

Full post as published by Estate Planning Practice Blog on September 26, 2008 (boomark / email).