QUESTION
I am legally changing my first name, do I need to change my personal legal documents (Wills) and how about those others?
Asked on Oct 26th, 2012 on Estate Planning - Hawaii
More details to this question:
I am changing my first name. Do I need to change my Wills, Power of Attorney, etc. or does court document of name change suffice? Also, if I'm listed as a beneficiary on someone else's legal documents, do they have to change theirs too?
16 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 1:33 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In CA, I do not believe you have to change any existing documents. Just sign anything needed with "formerly known as" (FKA), as in [new name] FKA [old name]. If you continue to use your ol d name for some things, then its "also known as" (AKA). I would do the same with legal documents you create in the fu ture unless you are really trying to distance yourself from your old name.
Answered on Nov 01st, 2012 at 10:27 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You can change your name. Yo have to go to Probate court. You will need to update your estate planning. The name change will not impact other people's estate planning as you can prove that you are the same person. I would include a designation in your estate planning documents that you are previously known as (p/k/a) the prior name.
Answered on Oct 29th, 2012 at 5:31 PM
I suggest you make copies of the certified copy of your Name Change Order, and attach one to each document (POA, will, med. POA). Also, be sure to keep the original certified copy in a safe and accessible place so that you can readily produce it to claim anything you are designated to received from someone else's documents.
Answered on Oct 29th, 2012 at 5:31 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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You should change your name on your personal documents to reflect your actual name. As for documents that other's have developed using your old name they will likely not result in a loss of recovery to you, though it would be prudent to have the changes made to avoid any problems. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.
Answered on Oct 28th, 2012 at 1:04 AM
Yes, you should change all of your documents. As to the document that you are beneficiary only it would depend upon whether or not the person administering the estate knows of your change of name. If they know or if your contact information remains the same, then changing that document may not be necessary. You should consult an attorney to review your change and advise you.
Answered on Oct 28th, 2012 at 1:03 AM
It is a good idea to update your legal papers after your name change.
Answered on Oct 28th, 2012 at 1:02 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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No, but the name should be changed the next time you or the other person make any other changes to the documents.
Answered on Oct 27th, 2012 at 3:01 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Without legal research, I'd say that what is important is that you can be identified clearly. In the case of a power of attorney, yes, I would say execute a new one that recites your name change. Banks and brokerages are nervous about POA, and it doesn't take much to spook them into not wanting to give effect to them. For your Will, it should not be a problem; whoever petitions for probate will explain the name change in their petition; you should leave a copy of the judgment that changed your name with your Will, for your personal representative's convenience. As far as other people's documents, again it's a matter of identifying you. Your mother's Will, which says "all to my children Bob, Ted, Carol and Alice equally," not a big problem if you can show that you are one of Mom's children and you legally changed your name from Bob to Starchild. But if there is any doubt about who you might be, then it would be better to give both your legal name and your former name.
Answered on Oct 27th, 2012 at 3:00 PM
Tax Attorney serving Naples, FL
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Henderson, Franklin, Starnes & Holt, P.A.
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I would recommend changing them.
Answered on Oct 27th, 2012 at 2:57 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. If it is clear that you are the same person, then the documents may be fine. For consistency sake, it is generally best that your documents reflect the name that you are actually using. It is not a problem if it is fairly clear, "Jim Kelly vs. James R. Kelly, vs. J. R. Kelly vs. Jimmy Kelly." If you are changing to something completely different, I would re-do your documents and I might even use BOTH names. "Jasper Kelly, formerly known as James Kelly." As far as other people's documents are concerned, as long as you can provide documentation of the name change, there is not going to be a need for them to change their documents. Depending on the people involved, it may make no difference. If you think that people will not know who you are, (such as if you are inheriting from a distant relation), then you might want to send them notice of the change.
Answered on Oct 27th, 2012 at 2:35 PM
Thomas Edward Gates
Your legal document of the court granting your request is enough. It's like getting married and changing your last name.
Answered on Oct 27th, 2012 at 2:35 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Why are you legally changing your first name? The answer to all of your questions, is yes, is all of your legal documents will need to be amended to reflect the new legal first name, and all other persons and documents that may designate you as a beneficiary, will need to be notified and provided a legal change order reflecting the change.
Answered on Oct 26th, 2012 at 4:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should change your documents, just to be clear. Seek counsel to do it right and avoid confusion and possible loss.
Answered on Oct 26th, 2012 at 4:10 PM
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You are not required to, but it will make everything much easier. Always having someone produce a current certified copy of the order allowing the name change is cumbersome at best. Many times agencies require that the order be certified within a few months of the presentation of the same. That can be costly and time consuming. If you are in another state you may need triple seal orders. That is even more time consuming and expensive. I urge you to update everything.
Answered on Oct 26th, 2012 at 4:09 PM
Real Estate Attorney serving Honolulu, HI
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Zahaby Law Offices
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Yes. All Estate Planning documents and beneficiary designations need to be changed to reflect your new name.
Answered on Oct 26th, 2012 at 4:08 PM