Legal Question in Wills and Trusts in Tennessee

Signature on Will question

I was given a copy of my Father's will because I am the executor..I noticed that his signature was just his first name, middle initial, and last. This is how he has always signed everything....but the will has his middle name spelled out...my question is...

Is his signature with just his middle initial going to be OK on this? I've never seen him sign anything with his middle name spelled out. He is disabled now...and I don't think he would be able to resign anything...but I have a power of attorney...but it's signed the same way???

Thanks for your help.


Asked on 7/23/06, 9:58 am

2 Answers from Attorneys
Cynthia Burnes Cynthia F. Burnes, Attorney at Law

Re: Signature on Will question

There is no problem with the signature as you described it. It does not have to be the full name. However, there does need to be EITHER two witnesses to his signature OR the will needs to be in his own handwriting. It is not sufficient if his signature is merely notarized.

Also, you could not sign a wil for himl via the power of attorney.

In terms of his being disabled - I'm not sure if you are talking about a physical disability or a mental disability - but there MAY be ways that he could sign a new will even though he is disabled, bue we would need more facts before we could further answer that issue.

Thank you for being willing to look after your father at the time that he needs you!!

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Answered on 7/23/06, 11:40 am
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Signature on Will question

YES, the Will is valid. It is OK that he did not specifically spell out his middle name. That's very common. If that is his signature, the Will is OK.

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Answered on 7/23/06, 2:30 pm


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