Some people face an unexpected and sometimes painful dilemma after the death of a relative. They learn that their loved one left them an inheritance, but they listed them by a name they no longer use and have legally changed.
Sometimes, this isn’t an issue. A person may have changed their last name when they got married (or divorced). If the deceased never got around to updating their estate plan, their fellow heirs and other beneficiaries likely won’t challenge their inheritance. If they do, it’s easy to produce legal documentation showing their previous name and that they’re the person refenced in the estate plan.
Sometimes people go by a different name than the one they were given at birth. Maybe their given name is Edward but they’ve always been called Buddy. While family shouldn’t dispute a reference to either name (unless there are multiple Edwards in the family), documentation can clear up any confusion.
What if a loved one “dead names” a person in their estate plan?
Where things can potentially get difficult is if a person is transgender or non-binary and has legally changed their name to reflect the change. A relative who has never accepted their new identity may use that person’s “dead name” (their previous name) in their estate plan.
Again, having legal documentation of their former identity should be enough to resolve any question a court or executor might have. Courts understand that people change their names for a multitude of reasons. They just need evidence that the right person is getting the inheritance.
Who else may need documentation showing a name change?
Another possible concern is if the deceased listed a beneficiary on a retirement or investment account or insurance policy by a previous name. The entity holding that account or policy will need the documentation to ensure they’re following the deceased’s wishes.
If an executor isn’t aware of the change or who the person named in the estate plan is, it’s crucial to make them aware of it so that assets aren’t mistakenly withheld or wrongly distributed.
The best way for anyone creating an estate plan to avoid this confusion and conflict is to list all beneficiaries as clearly as possible. That means including their previous and current full names, relationship (child, grandchild, etc.) and other identifying information.
Unfortunately, in some cases – particularly when someone is transgender or non-binary – unsupportive family members can try to challenge an inheritance and the intentions of the deceased. Having sound legal guidance can help people get the inheritance they are meant to receive.
