Six Mile, SC asked in Estate Planning for South Carolina

Q: My daughter is listed as one of the beneficiaries in my will. She recently changed her last name because she got married

Do I need to have the will redone with her new name or is it okay to leave her maiden name? Most of my assets are set up as POD or TOD anyway and I did change her name on those accounts.

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1 Lawyer Answer

Kenneth V Zichi

Answered
  • Estate Planning Lawyer
  • Howell, MI

A: It is not generally necessary to update a will SOLELY to update someone's name. "My daughter Jane Doe" is a pretty definitive identification for purposes of a will even if Jane has changed her name it still identifies HER and not some other person named "Jane Doe" who you've never met.

On the other hand, this is probably as good a time as any to review the document with your attorney to see if maybe other things have changed that would make an update of the will appropriate. You should review your documents at least once a year anyway, and take it to your attorney for review whenever you feel things have changed enough for you to get a review and seek further advice.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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