Q. For asset protection, you should never use a trustee with the same last name as your last name. Is it legal to use maiden names even though the prospective trustee has changed their name for marriage?

Example: Our trusted neighbors have agreed to be trustees. Could we use his name, her name and her maiden name for a total of 3 trustees? (3 names for 2 people).

A. It is best not to use someone with the same last name as a trustee unless your name is Smith or Jones.

Yes you can use maiden names - even your wife's - , but you should make sure that they sign and notarize and Affidavit of Name for your records so that it is clear that the maiden name and married name is the same person.