Legal Question in Wills and Trusts in California

Hi,

My uncle's legal name (on passport and birth certificate) is Andrew Joe Smith, but when he had died, in the death certificate was written Andrew Joseph Smith. I want to know if the certificate is valid because of this confusion with the name. We want to tackle his will in a court of law and someone told me that the death certificate might not be valid. is it true? is it a difference, legally speaking between joe and joseph?


Asked on 1/13/14, 10:24 am

2 Answers from Attorneys
William Christian Rodi Pollock

This should not be a problem. You may need to use AKA (also known as) in certain documents. You can also get an amended death certificate, though this takes some time and expense. The certificate is still "valid." In fact, uncle Joe is deceased, and this document certifies to that fact.

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Answered on 1/13/14, 10:28 am
Michele Cusack Pollak & Cusack

You do not need to submit his birth certificate to the court, but if you file an action, you should definitely state the aka.

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Answered on 1/13/14, 5:12 pm


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