QUESTION

When you disinherit a child and don''t know if her name has been changed due to marriage or other will it be valid if you use name given at birth ?

Asked on Jun 26th, 2012 on Wills and Probate - New Jersey
More details to this question:
Just curious.... Because since we don''t have a Father/Daughter relationship I want to make sure it''s solid should something happen to me. I don''t want her receiving anything.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Yes - you should just list it with the information that you.  For example, you want to say " I have three children.  Their names are John Smith, Mary Smith, and Jane Smith.  I am specifically disinheriting my daughter Jane Smith because I have had no relationship with her."  The reason you list that there are three children, and that you  are specifically disinheriting one of them, is so that there is no assumption that the attorney that drafted your will forgot to name one of your children.  If you just said you leave your estate to your children John Smith and Mary Smith, there might be an assumption that you simply forgot to name Jane Smith, not that you were disinheriting her.   
Answered on Jun 28th, 2012 at 1:08 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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