QUESTION
I had a will made out and I put one of my daughter's middle name on it instead of her maiden last would that make a different?
Asked on May 30th, 2013 on Estate Planning - California
19 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, not as long as she can prove she is the named person in the will by some reasonable form of identification.
Answered on Jun 04th, 2013 at 1:09 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It shouldn't, as long as the will says "my daughter Cindy Sue Jones." We all know women take aliases from time to time.
Answered on May 31st, 2013 at 12:30 PM
That probably should not pose a problem. You can fix it by doing a codicil (addition) to the will.
Answered on May 31st, 2013 at 11:39 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It shouldn't as long as it is clear who it is.
Answered on May 31st, 2013 at 9:24 AM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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If it is clear who you are talking about, no.
Answered on May 31st, 2013 at 9:24 AM
It shouldn't matter as long as your executor can tell who you meant. If you referred to her as your daughter or one of your children, that should clear up the matter unless you know someone else named Cindy Sue Jones. If this really bothers you, ask your attorney to draft a codicil to the will correcting the mistake.
Answered on May 31st, 2013 at 2:46 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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As long as you can identify her as your daughter it is fine and no one would construe it in a manner where there might be confusion as to the identity of the person you intended to receive property or money as an heir under your will. If you have any questions, please contact me.
Answered on May 31st, 2013 at 2:45 AM
Edwin K. Niles
It?s perfectly okay the way it is.
Answered on May 31st, 2013 at 2:45 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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That won't make any difference. She is still your daughter Cindy, regardless of middle and last names.
Answered on May 31st, 2013 at 2:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not, but why not be safe rather than sorry and either redo the will or have a codicil made explaining the mistake.
Answered on May 31st, 2013 at 2:41 AM
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No, not unless someone is going to challenge who she is. If it is clear that is who you meant then it should not be an issue. You can always hand write a holographic codicil to clarify what you meant. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on May 31st, 2013 at 2:38 AM
Probate & Trust Attorney serving Seminole, FL
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Law Offices of Phillip Day, P.L.
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No. It is common for women to change their name so it is not unusual to have the will state one name. So long as your daughter can establish the relationship, there should not be a problem.
Answered on May 31st, 2013 at 2:37 AM
Yep, the possibility of confusion and argument is too high. Fix it.
Answered on May 31st, 2013 at 2:37 AM
To avoid any confusion you can do a Codicil (an amendment to a Will) or a new Will.
Answered on May 31st, 2013 at 2:35 AM
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It shouldn't but you can change it in your own handwriting, date and sign it and it will be fine.
Answered on May 31st, 2013 at 2:35 AM
No, it does not matter as long it is clear which daughter you are referencing.
Answered on May 30th, 2013 at 11:20 PM
You may want to consider a trust to avoid probate. ?It is best to use her legal name.
Answered on May 30th, 2013 at 11:15 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Very unlikely to create a problem. Names change from time to time. It is the relationship that is important. Presumably, your nominated personal rep will know who your daughter is. They may add an "also known as" in the probate documents to cover this, but it should not otherwise be an issue at all.
Answered on May 30th, 2013 at 10:30 PM
Bankruptcy Attorney serving Huntington Beach, CA
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Stuart A. McKenzie Attorney at Law
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No, using the middle name will not make any difference. As long as the name used identifies her there will be no issue.
Answered on May 30th, 2013 at 10:24 PM