If my husband named me POA and personal rep in his Will before we married, does my married name need to be listed on these documents or is my maiden name still OK?

Asked 12/10/2011 under Wills, Trusts, Probate | 147 View(s) | More Legal Topics

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Sharon Siegel / Siegel & Siegel, P.C. Answered 5 months ago | Contributor This attorney is licensed in New York

Technically, your maiden name is fine.  However, if you suspect a challenge or have reason to think that you will have issues with the probate, get a lawyer and have the lawyer either redo the will in your married name or put a codicil on the will and write in the codicil your name a/k/a (also known as).  Not a big issue.   If you have an issue where your husband lacks testamentary capacity to make a new will, then you will just have to stick to the current document. Sharon M. Sieel, Esq. www.siegelandsiegel.com 212-721-5300

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