Legal Question in Wills and Trusts in Massachusetts
Ilegal Adoption and Estate
I was adopted when I was 3 days old by a couple who were very good friends of my birth mother. On my birth certificate my last name is that of my birth mother's married name and was never changed. However, my adoptive parents changed my last name to theirs on a short form birth certificate and used it to enroll me in school back in the 1960's.
My social security number was obtained using the forged certificate too. But a few years ago I notified the SSA of the situation and they have both names on file.
My question: Mom is 80 years old and has property and assets which will go to me after her death...will I have a problem with probate if she used the name I grew up with instead of my birth given name on her will?
3 Answers from Attorneys
Re: Ilegal Adoption and Estate
The easiest thing to do is to have a your mother see a lawyer to prepare a codicil -- an amendment to the will -- that states all names by which you may be known and restating her intent. The codicil needs to be properly drafted, signed and witnessed in the same manner as a will.
Otherwise, if someone comes out of the woodwork after your mother's death to challenge the will, you may need to establish the facts and show that you are the person to whom she intended to leave the money.
Re: Ilegal Adoption and Estate
I agree with Attorney Golden. So long as your mother has a will, she can direct that her estate go to you, even if it is later determined that you are not her legal child. In order for that to work, however, you must make sure that the will specifically states your name and all names by which you are known.
As Attorney Golden points out, this could be as simple as preparing a short codicil to her existing will with the help of an attorney.
Re: Ilegal Adoption and Estate
The Simplest way to avoid this problem is to have a Codicil made to your birth mother's Will naming you by both your original name and your present name. Otherwise you may have to prove yourself to be the person named in her Will.
Good Luck
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