People change their names throughout their lives for all kinds of reasons. Women (and sometimes men) change their last name when they get married — and divorced. Sometimes people legally change their name for professional reasons or even personal ones. People who transition to a different gender or identify as non-binary often change their first names to better suit their new identity.
So what happens if a loved one leaves an inheritance, but under a previous name? Maybe they never got around to modifying their estate plan. Perhaps they never accepted a family member’s new identity.
Often, it’s not an issue. For example, if an adult daughter is listed by her maiden name, but she has since married, other heirs aren’t going to challenge who the deceased meant. The same is usually true if a parent or older relative always referred to a child by their given name, but they stopped using that name long ago.
Where things can get confusing is if there are multiple people with the same name in a family. That’s one reason that specificity is important. For example, the estate plan should differentiate between a son, grandson and nephew all named James so there’s no conflict or confusion.
What if someone “deadnamed” you in their estate plan?
As noted, transgender and non-binary people often legally change their name, and some family members aren’t always accepting of their new identity. What if you’re listed as a beneficiary in a will or trust but under your “dead name?”
Whether your loved one intended to do this or just never made the update, being able to show documentation to the court that this was your previous name should be enough to prevent any delays in getting an intended inheritance. It may also be necessary to provide this documentation to the appropriate parties if you’re a beneficiary on an account or life insurance policy under a previous name.
Unfortunately, there’s no guarantee that one or more family members won’t try to challenge that inheritance. It’s important to remember that the probate court’s only concern should be that the right person is getting the inheritance left to them. While a will contest under these circumstances can certainly be painful, it shouldn’t take long to resolve –- especially if you have sound legal guidance.