Legal Question in Wills and Trusts in Georgia

If someone got married using a false last name (many years ago) and subsequently made a Will using the same last name --- would the marriage and Will still be valid or would the person's only heir have grounds to contest the Will?


Asked on 7/03/12, 8:30 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A false name doesn't necessarily invalidate things, but you are obviously leaving out many details (who are you and what is the basis for your challenge) so there's no way to answer you.

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Answered on 7/03/12, 10:30 am

I have to agree with my esteemed colleague. Having a false name does not make the will or the marriage invalid. However, if the person used the false name and was already married to someone else at the time the second marriage was contracted, then that is bigamy and a crime.

A will only becomes operative at death. A will contest (caveat) can be brought by anyone. However, to be successful, the person bringing the challenge has to have grounds. What grounds would they have? Just using a false name is not grounds. Also, what does the will say about the inheritance or disinheritance of these people? If it was properly drafted by an attorney then the will should hold up.

The fact that you are raising this question brings up a lot of issues. Why would someone use a false name for a marriage certificate and a will? The other questions are if the marriage and will are in a false name, is the person employed? Is he or she using a fake name and Social Security number for that too?

If you or someone cloe to you did this and is still alive, they need to get this straightened out. If they have passed on, and a will caveat is a possibility, then you will need a probate litigation attorney.

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Answered on 7/03/12, 9:28 pm


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