Does my mother need to revise her Will using my whole name or can the Will stand as is with just my middle and last name?
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Does my mother need to revise her Will using my whole name or can the Will stand as is with just my middle and last name?
My concern is my parents made out their Will some years ago. Since then my father has past away. My mother recently has sent me a copy of the Will. When I read it I noticed that my first name was left out only utilizing my middle and last name. Mind you, I am the only child.
Asked on November 27, 2012 under Estate Planning, California
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
I don't think you need to worry about the name difference between your birthname and the name your mother used in the will for you. At probate an affidavit of identity will be submitted to the court to show the court you are one and the same person.While I am advising you, I would suggest your mother utilize a trust instead of a will to pass her assets onto you at death, as a trust is not subject to probate administration which is more costly to administer than a trust, where title to all assets in a properly funded trust pass to the beneficiaries outside of court. You should see a good estate planning attorney.
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