My father has a will, and it names me as the executor of his estate; however it notes my previous married name, I have taken my maiden name back.
The will is still valid. You do not need to amend it just to reflect that you are now using your maiden name.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
I agree with Mr. Conway. You may need to prove you are who you say you are, if/when this goes to Court. This should not be a problem, at all. If your father has a Power of Attorney form that also names you, you may want to keep a copy of your marriage license handy, in case there is a medical emergency.
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The name in the will, the address, if any, or other such information is only pertinent to identifying "who you are," to serve as personal representative. Your name does not affect "who you are". As Mr. Conway very accurately advised, the will remains entirely entirely enforceable. Unless there are other specified changes your dad desires which would require a codicil (amendment to the will) ir a brand new will, with destruction of the old, there is no need to make any amendment. Very good question, by the way!!!
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
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