Legal Question in Wills and Trusts in California

will need to be ammended after inheritor has name/sex change?
My transexual sibling and I are both written into our grandfather's will. My transexual sibling, however, is written in under their birth name. They have had a legal sex and name change and no longer have the same last name as myself and my grandfather.

Does the will need to be ammended to include my sibling's new name or will they still receive their inheritance regardless?

Asked on 4/14/04, 10:45 pm

3 Answers from Attorneys

Scott Schomer Schomer Law Group

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Re: will need to be ammended after inheritor has name/sex change?

The sibling with the name change will still receive under the will (its no different than someone changing his or her name after a marriage). If your grandfather wants to clarify things, he can prepare a codicil (an amendment) or create a new will.

Answered on 4/15/04, 11:51 am

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Michael Olden Law Offices of Michael A. Olden

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Re: will need to be ammended after inheritor has name/sex change?

You really wouldn't hurt because of the legal name change. It would be a lot less hassle and the manner in which it's done would be "x formally known as why y". Your grandfather should go to the attorney who prepared the will. More importantly depending upon the size of the state I would have him change that two in living trust, funded trust with all the assets and avoid probate and large attorney's fees. It also keeps all the assets privates of that no one actually knows what any individual got unless there's the controversy that has to go to court.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Answered on 4/15/04, 12:10 pm

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