The will was drawn up in 1992. I have since been divorced and remarried. My mom is still alive.
I do think it is very wise to consult with an estate planning attorney with respect to your parents estate planning documents. A lot has changed in the law since 1992 - it is almost 20 years! I would not advise a client that it is necessary to change a Will solely because of a name change (as in your case); however, there may be other documents or planning that would benefit your parents/
I would recommend that you look on this site or on naela.org for an estate planning attorney near you.
Best wishes to your family at this difficult time!
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Your name change should not be a problem, but as Mr. Smolinski points out the will is really old and it may no longer meet your dad's needs or desires. Also, it should be checked to see that it was validly drafted, signed, witnessed and notarized under then existing law of the state where signed. Finally, a durable power of attorney or living will should be in place. It would be a good idea to get with an estates attorney who can help and give guidance to your dad.
Hope this helps.
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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
I agree with the above postings. Should the Will not be updated, the attorney you retain to assist with a probate administration will be able to resolve any name issues.
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