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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9337
Experience:  since 1983
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I am divorced and used my maiden name reasons

Customer Question

I am divorced and used my maiden name for professional reasons while married. Was married in Bronx County Dourt, and I do not know what my legal last name is ***** ***** is crucial as I am completing my will. What should I do?
Submitted: 2 years ago via USmarriagelaws.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.
Thank you for your question.
You can write something like:
I, Sally Single, formerly known as Sally Married, born (date of birth) residing at ____address, Social Security or Drivers License number, hereby declare and publish this as my Last Will and Testament.
It does not matter what your legal name is, as long as the Will gives enough information to identify you, the courts will enforce it even if you made a mistake as to your name.
My opinion is that your legal name is ***** ***** name.
http://thelawdictionary.org/article/how-to-change-your-last-name-back-to-your-maiden-name-after-a-divorce/
states:
"The procedure in most states is for the initial pleadings in a divorce action to include a request for permission to resume the use of a maiden name. States such as New York and New Jersey go a step further by deeming the request to resume the use of a maiden name to include any surname the requesting party used in the past."
So if you were divorced in NY and then resumed using your maiden name, that is your legal name. But it cannot hurt to identify yourself as specifically as possible in writing a Will.
I hope this information is helpful.

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