Have Legal Questions? Ask a Lawyer Now.
Hello there.Thank you for your question. I should start by clarifying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel who can examine the document in question. That said, it's not at all uncommon for a last will and testament to not fully conform with the law. In those situations where a will does not comply with the formalities of proper execution, the court will consider the document and any relevant evidence to determine if the purported testator intended the document to be their last will and testament. This is actually exactly the sort of reason that we have courts--the law can be black and white, but situations arise where human beings with common sense can examine the totality of the circumstances. The court's role is not to nullify any attempted last will and testament because of a factually insignificant minor defect; rather, it is to balance the right to determine who inherits your property with your right to ensure that your property is not misdirected. If the intent is clear, a will is normally considered valid and enforceable.I emphasize again that the nuances of every case are different and so each matter must be individually examined in person, but using one's maiden name as a middle initial will normally not invalidate a last will and testament, assuming that there is no confusion over the testator's intent.Let me know if further clarification is needed, and please feel free to leave a positive rating once you are completely finished (I work for ratings). Thanks.
You are not makeing this clear to me my question is :Is it a law in North Carloina to use your madien name as your middle intial . My mother ID has a middle name..
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).