2006-12-23 02:28:08 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Not if u put either their address, middle name, or if u tell ur lawyer which one
2006-12-23 02:31:02 · answer #1 · answered by Voli_Cuti 2 · 0⤊ 0⤋
Yes, if there was nothing in the will to identify the James Smith in question. However, any James Smith who was unable to establish a close enough connection with you to warrant your leaving him all your money would probably put himself out of the running, having squandered a certain amount of the estate's money in fighting his spurious claim.
This isn't a good idea. After all, you'd miss all the fun!
2006-12-23 15:23:04 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Possibly, if you did not make clear in your will which James Smith you wanted to receive it. For example: James Smith, 4325 Lucky Lane, born July 4, 1966, son of Mary and Nathan Smith
This is why you should have attorney help you with this.
2006-12-23 10:34:56 · answer #3 · answered by babydoll 7 · 0⤊ 0⤋
No. Your will would go to probate, and the court would decide if there was a James Smith with a reasonable claim. They might also just set aside the will if it doesn't sufficiently identify the intended recipient.
2006-12-23 13:32:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The court would try to figure out which James Smith you mean (normally one specifies which by giving date of birth, residence, relationship to you, etc.)
If the executor isn't sure and the probate judge can't decide, the legacy lapses and is distributed as residual estate. And, if necessary, as in intestacy (according to the rules for inheritance without a will).
2006-12-23 11:11:31 · answer #5 · answered by Anonymous · 5⤊ 0⤋
Hi,
I can see your point but no this would probably not happen, in law there must be certainty of subject matter when the will is made so the beneficiary must be specifically identifiable. If not that part of the estate goes back to the estate as a whole. There are other complexities involed in this eventuality but strictly speaking, no it would not happen.
2006-12-24 08:47:57 · answer #6 · answered by LYN W 5 · 0⤊ 0⤋
Yes - unless you specified which James Smith!@~
2006-12-23 10:37:06 · answer #7 · answered by nswblue 6 · 0⤊ 0⤋
Quite possibly. But sinnce it was't clear as to which James Smith you were referring to the will might not be legal and all your assets could go to the state.
2006-12-23 10:33:35 · answer #8 · answered by Fawn M 1 · 0⤊ 0⤋
No, because you would have to add his address, and in the case of a name like this, probably an occupation or work address too to avoid confusion.
2006-12-23 12:04:07 · answer #9 · answered by coxon the box 7 · 0⤊ 0⤋
No, not being clear is not grounds for making a claim against an estate.
The likely benefactor would end up being the state.
2006-12-23 10:30:07 · answer #10 · answered by dm_dragons 5 · 1⤊ 0⤋
You would normally put the address of the person, and your executor would make sure it didn't go to some totally obscure OTHER person.
Nice question though!
2006-12-23 11:10:44 · answer #11 · answered by Not Ecky Boy 6 · 0⤊ 0⤋