My name is spelled incorrectly on my mothers will. Must we get it redone?

Wills And Estates 4 views 3 answers
my mom and dad has their will drawn up by the age program in scranton. The lawyer that drew this will is no longer available. The spelling of my name is incorrect. Will this effect my ability to claim my share of the will when my mom dies?

Attorney Answers

3
Joseph L Morton IIIEstate Planning AttorneyMeridian, ID ·
This is generally not a problem if you can tell from the context of the document that you are the person being referred to. For example, if a woman gets married and changes her name, but the will refers to her maiden name, she will still be included. If there is any question, it is far easier to get it fixed now, rather than wait until the testator passes and have to sort it out. Contact an attorney and have a codicil (amendment) drawn up to clarify the situation. I am not licensed to practice in PA. This answer should not be considered legal advice.
0 upvotes
Joseph Pippen ·
Best bet-get parents to make a codicil to the will. However-this is often not a problem and can easily be fixed.
0 upvotes
Paul Smolinski ·
I suppose it depends how "wrong" it is spelled. If your name is John Smith and it reads "Jhon Smtih" many judges would assume the lawyer was not a good proofer and the secretary was dyslexic. However, if the Will states " to my son "James Simmons" then I would say that perhaps you have a brother you didn't know about. Or, if that isn't the case, your mom should have a codicil prepared as the other learned counsel suggested.
0 upvotes

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