What can a beneficiary do to get their inheritance due to his name being incorrect in a Will?

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What can a beneficiary do to get their inheritance due to his name being incorrect in a Will?

My father was named to be the sole beneficiary on his father’s Will. His father that passed away listed my father’s correct first and last name and his correct birth month and date but listed the wrong middle name and the wrong birth year for him. Because of the wrong information and despite the correct information, they(bank and/or court)are denying him what was left to him. Do I need to get a lawyer or is this something I could do for him on my/our own? How would I/we go about appealing this judgement?

Asked on October 29, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the grandfather's Will is not probated yet then you should submit it to probate as soon as possible and have a Wills and trust attorney assist you in the process.

The "error" of the naming of your father with the wrong middle name and birth year can be rectified by the probate court through an order declaring that your father gets all assets of the estate despite some small seemingly unimportant errors that can be cleaned up in a court order mandating the bank where the grandfather's assets are located to be given to your father.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It sounds as if seeing a lawyer is in your Father's best interest here.  Something does not sound right and I can not tell from your question where in the litigation you are and if the court has already ruled hon the issue.  You need evidence here that he is who the document states.  My concern is also that he may have been "not of sound mind" if the information is incorrect or maybe the attorney that drafted the Will got it wrong.  Good luck.


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