If my husband changed his surname to mine after we were married but the Will he executed prior to our marriage still uses his previous name, is this an issue?

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If my husband changed his surname to mine after we were married but the Will he executed prior to our marriage still uses his previous name, is this an issue?

This matter is the only example of differing surnames. All financial records, car loans, house deed, etc. have been taken care of. His will seems to be the only use of his previous name. He’s been ill and this just occurred to us. Of course we plan to change it but I’m concerned about the urgency in doing so.

Asked on February 23, 2019 under Estate Planning, Indiana

Answers:

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

Answered 2 years ago | Contributor

No, so long as your husband can readily be identified as the same person who executed the Will, then it remains valid. However, he can execute aexecute a new Will (in the age of word prcessing it is rather easily done). Additionally, he should consider re-doing his Will in light of your marriage and possibly other life changes.


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