If my Will has my daughter’s maiden but not married name, is that legal?

My daughters maiden name is on my Will and power of attorney. She has since married. Do the documents have to be changed or in the event of my death or are they legal as is?

Asked on September 13, 2018 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, the change from a maiden name to married name does not invalidate any Wills, powers of attorney, etc. which either you have created or which name you. So your Will is still legal; you do not have to have it re-done so long as your daughter can be identifed under her new name via a marriage license, etc. However, a POA is relatively simple to update, so you may want to execute a new one with your daughter's married name.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, the change from a maiden name to married name does not invalidate any Wills, powers of attorney, etc. which either you have created or which name you. So your Will is still legal; you do not have to have it re-done so long as your daughter can be identifed under her new name via a marriage license, etc. However, a POA is relatively simple to update, so you may want to execute a new one with your daughter's married name.


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