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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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Is it a law to use your madien name as your middle intial on

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Is it a law to use your madien name as your middle intial on your last will and Testment in NC. My mother never used her madien name since she was married in over 60 years?

Brandon M. :

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.

Brandon M. and 3 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

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..

Hi again. I do apologize that the answer wasn't clear.

The question is whether North Carolina law invalidates a last will and testament if someone uses their maiden name as their middle initial.

The answer is "no".

Let me know if further clarification is needed. Thank you.