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Incorrect Legal Name on will & Marital Status

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slw9999

Junior Member
What is the name of your state (only U.S. law)? Virginia

Does this make any difference in what happens with a will?

1. The name on the will is not the deceased person's legal name. The first name & middle name are reversed & the spelling on one name is incorrect.

2. The only beneficiary is "my husband" followed by his legal name. What if they're not legally married, as in the wife never divorced first husband before marrying second husband?

The backstory would read like a Jerry Springer episode, but I'll provide more details to anyone who's interested. Basically, I've been trying to sell my grandmother's home to close her estate for 12 years. We now have a cash sale, but all 4 beneficiaries have to sign. One has passed & her maybe husband is the only beneficiary.

He has his own lawyer & is not signing due to an old judgment that came up against my aunt during the title search that would take half or more of what he is due. He is also trying to not pay his portion of my out-of-pocket expenses as executor (some taxes on the property, estate fees, etc.)

The lawyers have came up with a plan to put his portion in escrow and wait for the judgement to expire in a few months before releasing his part.
Is that legal? At the very least it sounds unethical.

We're not talking about a lot of money. The sale is only $70K before realtor fees, etc. are deducted. Taking it to court is kind of cost prohibitive, so I'm just looking for a little leverage.
 


adjusterjack

Senior Member
You have no leverage.

You need somebody's signature so that you can get or do something that you want.

That gives that person the leverage.

Even if the lawsuit lapses, that person can still hold up the sale by refusing to sign until he gets what he wants.

As for your executor fees and expenses, the proceeds of the sale go into the estate account and your fees and expenses come off the top before the rest gets disbursed.
 

slw9999

Junior Member
As for your executor fees and expenses, the proceeds of the sale go into the estate account and your fees and expenses come off the top before the rest gets disbursed.
Thank you for your answer.

My real estate attorney is saying they will try to close the sale in the next week, put his portion in escrow, then release it when the judgement lapses.
That would mean only a portion of the sale would go into the estate account.

That doesn't sound right to me at all.
 

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