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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 on December 10, 2011 under Estate Planning, Maryland

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption