[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.amorusolaw.com\/blog\/do-name-changes-need-to-be-reflected-in-estate-planning-documents-greenwich-ct-white-plains-ny\/#BlogPosting","mainEntityOfPage":"https:\/\/www.amorusolaw.com\/blog\/do-name-changes-need-to-be-reflected-in-estate-planning-documents-greenwich-ct-white-plains-ny\/","headline":"Do Name Changes Need to Be Reflected in Estate Planning Documents?","name":"Do Name Changes Need to Be Reflected in Estate Planning Documents?","description":"\u201cThe fact is people\u2019s names often change. People get married and divorced or sometimes just legally change their names.\u201d When names change, executing documents with the person\u2019s prior name can become problematic. For example, what about a daughter who was named as a health care representative by her parents several years ago, who marries and […]","datePublished":"2019-11-14","dateModified":"2024-08-07","author":{"@type":"Person","@id":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/#Person","name":"Amoruso & Amoruso, LLP","url":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/","identifier":5,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Amoruso & Amoruso, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b0240a4c5ddaf.jpg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b0240a4c5ddaf.jpg","height":600,"width":395},"url":"https:\/\/www.amorusolaw.com\/blog\/do-name-changes-need-to-be-reflected-in-estate-planning-documents-greenwich-ct-white-plains-ny\/","about":["Estate Planning","Name Change"],"wordCount":556,"keywords":["Estate Planning","Name Change"],"articleBody":"\u201cThe fact is people\u2019s names often change. People get married and divorced or sometimes just legally change their names.\u201dWhen names change, executing documents with the person\u2019s prior name can become problematic. For example, what about a daughter who was named as a health care representative by her parents several years ago, who marries and changes her name? Then, to make matters more complicated, add the fact that the couple\u2019s daughter-in-law has the same first name, but a different middle name. That\u2019s the situation presented in the article “Estate Planning: Name changes and the estate plan” from nwi.com.When a person\u2019s name changes, many documents need to be changed, including items like driver\u2019s licenses, passports, insurance policies, etc. The change of a name isn\u2019t just about the person who created the estate plan but also to their executors, heirs, beneficiaries and those who have been named with certain legal powers through power of attorney (POA) and health care power of attorney.It\u2019s not an unusual situation, but it does have to be addressed. It\u2019s pretty common to include additional identifiers in the documents. For example, let\u2019s say the will says I leave my house to my daughter Samantha Roberts. If Samantha gets married and changes her last name, it can be reasonably assumed that she can be identified. In some cases, the document may be able to stay the same.In other instances, the difference will be incorporated through the use of the acronym AKA\u2014Also Known As. That is used when a person\u2019s name is different for some reason. If the deed to a home says Mary Green, but the person\u2019s real name is Mary G. Jones, the term used will be Mary Green A\/K\/A Mary G. Jones.Sometimes when a person\u2019s name has changed completely, another acronym is use: N\/K\/A, or Now Known As. For example, if Jessica A. Gordon marries or divorces and changes her name to Jessica A. Jones, the phrase Jessica A. Gordon N\/K\/A Jessica A. Jones would be used.However, in the situation noted above, most attorneys to want to have the documents changed to reflect the name change. First, there are two people in the family with similar names. It is possible that someone could claim that the person wished to name the other person. It may not be a strong case, but challenges have been made over smaller matters.Second is that the document being discussed is a healthcare designation. Usually when a health care proxy form is being used, it\u2019s in an emergency. Would a doctor make a daughter prove that she is who she says she is? It seems unlikely, but the risk of something like that happening is too great. It is much easier to simply have the document updated.In most matters, when there is a name change, it\u2019s not a big deal. However, in estate planning documents, where there are risks about being able to make decisions in a timely manner or to mitigate the possibility of an estate challenge, a name change to update documents is an ounce of prevention worth a pound of trouble in the future.Reference: nwi.com (October 20, 2019) “Estate Planning: Name changes and the estate plan“"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.amorusolaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Do Name Changes Need to Be Reflected in Estate Planning Documents?","item":"https:\/\/www.amorusolaw.com\/blog\/do-name-changes-need-to-be-reflected-in-estate-planning-documents-greenwich-ct-white-plains-ny\/#breadcrumbitem"}]}]