I am the executor of my dying dads will.My name on the will is my last married name. Do I need to change anything?
3 attorney answers
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.
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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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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