Best Solution for Protecting Your Privacy? Establish a Trust

What should I name my trust in order to protect my privacy?

image confidential wax sealThe name of the trustee is more important than the name of the trust itself. Technically, a trust is not an entity that can sue or be sued. Texas Trust Act Section 115.001 states that a court has jurisdiction over proceedings “by or against a trustee,” not a trust. The Texas Supreme Court held in Ray Malooly Trust v. Juhl, 186 S.W.3d 568 (Tex. 2006) that a trust was not a legal entity that could be sued. You may consider naming a bank, Certified Public Accountant, Attorney or trusted family member as trustee so that your name does not appear in public records. Even though there is no requirement to file or record the actual trust in the county real property records or the business filing division of the secretary of state, deeds and tax returns may need to be filed and recorded by a trustee. Searching the public records will turn up only the name of the trustee. Choosing who should be your trustee is a very important decision. We recommend you choose someone who is trustworthy, that is, worthy of trust. We recommend that you choose someone who would be a good steward of the trust property. We also recommend that you choose someone who will adhere to fiduciary duties – act in the best interest of the beneficiaries of the trust. Call Marquardt Law Firm, P.C. at 210-530-4278, 512-766-3782, or 575-430-2353 to schedule a free personal consultation to discuss your goals and objectives today.

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