QUESTION
Does my mom need to change my name in the Will since I listed with my married name?
Asked on Apr 02nd, 2014 on Estate Planning - Michigan
17 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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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.
Answered on Apr 07th, 2014 at 9:03 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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No, as long as there is no confusion that you are the same person as the one named in the will.
Answered on Apr 04th, 2014 at 5:34 PM
Edwin K. Niles
Not necessary; you are still you.
Answered on Apr 04th, 2014 at 5:34 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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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.
Answered on Apr 03rd, 2014 at 6:24 PM
3 Awards
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.
Answered on Apr 03rd, 2014 at 6:23 PM
Estate Planning Attorney serving Las Vegas, NV
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Erin Elizabeth Light Attorney at Law
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If I were you, I worry which name is designated in your mother's Will as long as you are identified as her daughter.
Answered on Apr 03rd, 2014 at 2:22 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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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.
Answered on Apr 03rd, 2014 at 2:22 PM
Thomas Edward Gates
There is no need to change her will. There is a paper trail concerning your name change.
Answered on Apr 03rd, 2014 at 2:21 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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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.
Answered on Apr 03rd, 2014 at 2:21 PM
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.
Answered on Apr 03rd, 2014 at 2:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not, as long as you can be identified as the daughter in question.
Answered on Apr 03rd, 2014 at 2:21 PM
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.
Answered on Apr 03rd, 2014 at 2:21 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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Generally, if a person can be identified in a Will as the person intended to receive something, there is no need to change names.
Answered on Apr 03rd, 2014 at 2:20 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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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.
Answered on Apr 03rd, 2014 at 2:19 PM
2 Awards
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.
Answered on Apr 03rd, 2014 at 2:19 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. This should not be a problem. There is no reason to change the Will for this reason alone.
Answered on Apr 03rd, 2014 at 2:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not. I suspect the personal rep would know who you are.
Answered on Apr 03rd, 2014 at 12:29 PM