My name is mispelled on aunt's will!

[Mrs.M]

What is the name of your state? Georgia

My aunt made out her will a few years ago. I am to
recieve one/fifth of her estate. I recently was helping her with
her taxes and noticed my first name was mispelled in the will.
She had marked out and made corrections to my name, but
this may have been just a copy of the will and not the will itself.
I realize making changes would void the original will.
What action should be taken ? Will I be omitted and not recieve
my inheritance if it is not corrected on the original?

Thanks for any input!
Mrs.M

 

[seniorjudge]

Q: What action should be taken ?

A: She needs to redo her will if she is still competent.

 

[dmode101]

What is the name of your state? Georgia

My aunt made out her will a few years ago. I am to
recieve one/fifth of her estate. I recently was helping her with
her taxes and noticed my first name was mispelled in the will.
She had marked out and made corrections to my name, but
this may have been just a copy of the will and not the will itself.
I realize making changes would void the original will.
What action should be taken ? Will I be omitted and not recieve
my inheritance if it is not corrected on the original?

Thanks for any input!
Mrs.M

I mark out is not going to void the entire original will, even though the changes themselves may not be valid. While it's a good idea to change it legally if she is able to, a simple misspelling of a name is not going to cause your inheritance to be omitted. The issue is her intent and if it is clear that you are the intended person then it ought to be fine. If the name is itself confusing and may refer to someone else then the ambiguity could cause a problem.

 

[Dandy Don]

If there are other changes on the will besides the correction of your name, you would be smart to advise her that it will be much easier on the beneficiaries and cause much less trouble about interpreting her true intentions if she will have the will retyped herself or have her lawyer review it and insure it is witnessed by the proper number of witnesses.

DANDY DON IN OKLAHOMA ([email protected])