When handling the probate process for a deceased loved one, it’s common to worry about every little detail, including something as small as a middle initial in their name. The estate planning attorneys at Clear Counsel Law Group occasionally come across typos and misspellings in estate and asset documents. Clients are sometimes worried about this and ask questions such as, “If the lawyer didn’t include my mother’s middle initial in her will, does that invalidate the will?”
The simple answer is, usually, no, it does not. A typo here and there may cause no problem at all, or it can complicate the inclusion of an asset.
Probate and Name Accuracy
Probate is the legal process where the court gives someone authority to manage the deceased person’s estate. This includes tasks like accessing bank accounts and transferring property. When you’re dealing with banks or county records, the key question is whether they recognize the individual named in the probate order. In most cases, a minor error like a missing middle initial won’t cause any problems.
Dealing with Varied Asset Titles
It’s not uncommon for individuals to have assets under different names or variations of their name. This could include different initials or titles. In legal practice, it’s a common strategy to list out all possible variations of a person’s name when filing for probate. This approach covers all bases and ensures that there are no issues when transferring or accessing assets, regardless of how the name is listed on bank accounts or property deeds.
There are some occasional exceptions where highly similar names get crossed in a bank system or country records office. Hospitals, especially in the early sixties, wouldn’t file birth certificates immediately. This leads to instances where the wrong name might end up on the wrong form or the wrong birthdate and year could appear.
Probate attorneys have to untangle this kind of thing after the fact.
A missing middle initial in a will or probate document is generally not a significant issue. The focus is on whether financial institutions and county offices can recognize the individual in question. However, to avoid potential complications, it’s advisable to include all name variations when dealing with estate matters. This precaution ensures a smoother probate process, making it easier to manage and transfer the deceased person’s assets according to their wishes.