Austin, TX asked in Estate Planning and Elder Law for Texas

Q: Our family trusts, healthcare proxy, etc need update to address and daughter's last name. Codicils okay? Or rewrite all?

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: While you can use a codicil to update your wills, it will make things easier and more clear for your heirs, trustees, proxies, and the court if you simply rewrite them how you want them to be now. Once you update them, collect all of the old ones and discard them.

I have actually had a client mistakenly shred her husband's will after his death because she thought his codicil was his newest and most recent will.

Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: It sounds like daughter has changed her name. None of the documents you mentioned need to be mentioned solely for that reason. When the time comes she can easily prove she is the same person as the one named in those documents.

But if you have other changes then best to replace them all rather than amend.

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