Does my mom need to change my name in the Will since I listed with my married name? 22 Answers as of April 08, 2014

I just got divorced and I am restoring my maiden name.

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Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Yes, your mother should update her will to correct your name.
Answer Applies to: California
Replied: 4/8/2014
Edward L. Armstrong, P.C. | Edward L. Armstrong
As long as you are clearly described in your mother's will she does not need to change it in order for the bequest to you to be legal. The next time she does an amendment to her will, if she does, she might consider changing the will to reflect the fact that your marriage was dissolved and you have taken back your maiden name.
Answer Applies to: Missouri
Replied: 4/7/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Not necessary; you are still you.
Answer Applies to: California
Replied: 4/4/2014
LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
No, as long as there is no confusion that you are the same person as the one named in the will.
Answer Applies to: California
Replied: 4/4/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Probably not. Have her include a copy of your decree with her Will. You can prove you are her daughter by birth certificate, if it is an issue.
Answer Applies to: Nevada
Replied: 4/3/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    It wouldn't hurt! Its nice to keep all your legal documents current to avoid any confusion.
    Answer Applies to: California
    Replied: 4/3/2014
    Ronald K. Nims LLC | Ronald K. Nims
    No, the issue is whether the persons reading the will are able to identify the intent of the writer. In the case of a child, it's obvious that your mother meant you by using your married name.
    Answer Applies to: Ohio
    Replied: 4/3/2014
    Frederick & Frederick PLC | James P Frederick
    No. This should not be a problem. There is no reason to change the Will for this reason alone.
    Answer Applies to: Michigan
    Replied: 4/3/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    No as long as you are readily identifiable as the person who she specified in the will. Suggest though she should obtain an update review and consider that question along with other matters she may have in mind.
    Answer Applies to: California
    Replied: 4/3/2014
    Danville Law Group | Scott Jordan
    No, she does not have to. I assume your family knows who you are and the names you have gone by. However, it may be a good time for your mom to review her will and make any changes, including your name.
    Answer Applies to: California
    Replied: 4/3/2014
    Erin Elizabeth Light, Attorney at Law | Erin Elizabeth Light
    If I were you, I worry which name is designated in your mother's Will as long as you are identified as her daughter.
    Answer Applies to: Nevada
    Replied: 4/3/2014
    Durham Jones & Pinegar | Erven Nelson
    She could prepare a codicil, or addendum, to clarify your name. But, it is probably not necessary so long as all concerned know what she meant.
    Answer Applies to: Nevada
    Replied: 4/3/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    As long as the will says "my daughter, [name]" or otherwise identifies you so it's clear who you are, then no. Your mom must not make any marks on the original will, line out your old name or any of that. She can't change her will by marking up the original, but she could revoke it if she marks it up too much.
    Answer Applies to: Oregon
    Replied: 4/3/2014
    Gates' Law, PLLC | Thomas E. Gates
    There is no need to change her will. There is a paper trail concerning your name change.
    Answer Applies to: Washington
    Replied: 4/3/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probably not, as long as you can be identified as the daughter in question.
    Answer Applies to: Idaho
    Replied: 4/3/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    No, as long as she refers to you by your relationship. "To my daughter, XYZ, I bequeath..." If that's not the case, she can add a codicil to her will acknowledging the name change.
    Answer Applies to: Nebraska
    Replied: 4/3/2014
    James Law Group
    James Law Group | Christine James
    She does not have to. If she has other amendments she can make a Codicil. Otherwise, just ask her to attached the confirmation of name change to the will so there is no confusion. Usually there are no issues at all and the will as written is legal.
    Answer Applies to: California
    Replied: 4/3/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    Generally, if a person can be identified in a Will as the person intended to receive something, there is no need to change names.
    Answer Applies to: West Virginia
    Replied: 4/3/2014
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    It's not really necessary (as you are still the same person even if your name as changed.) However, a brief "codicil" (i.e. amendment to a Will) that just states that your name has changed would be fine.
    Answer Applies to: California
    Replied: 4/3/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The Will identifies the person at the time of the Will. Were you identified by name and relation, was your address or home town used. Could there be any confusion as to the identity of the legatee under the Will as written? If your mother prepares a new Will or executes a Codicil to amend this Will then your name should be changed.
    Answer Applies to: Illinois
    Replied: 4/3/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally not. I suspect the personal rep would know who you are.
    Answer Applies to: Michigan
    Replied: 4/3/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    It wouldn?t hurt. However, keep all documentation of the name change in case someone challenges you when the time comes.
    Answer Applies to: Florida
    Replied: 4/3/2014
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