[WSBAPT] Crazy name situation

[Mark Anderson]

Under common law consists of one Christian name and one surname, and the insertion, omission, or mistake in middle name or initial is immaterial.  The "legal name" of an individual consists of a given or baptismal name, usually assumed at birth, and a surname deriving from the common name of the parents.

Application of Green, 54 Misc.2d 606, 283 N.Y.S.2d 242, 245

But see, https://hrlr.law.columbia.edu/files/2021/12/3_Baker-Green.pdf (“There is No Such Thing as a “Legal Name”).

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: 06/02/2023 3:05 PM
To: ak at seattle-silvalaw.com; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Crazy name situation

Thanks, Freida😊  all of this string causes me to wonder if there is a statute or case that defines ‘legal name’.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Andrekita Silva
Sent: Thursday, June 1, 2023 6:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Crazy name situation


Law Office of
F.ANDREKITA SILVA
_______________________________________________________

June 1, 2023

Roger, I agree with you. But,  I would add social security card to that list for those who have not been married, divorced, and/ or who did not change their name upon marriage.

Since your SS# is one of your most important identifiers which appears on every official document, that is the first document you should change when you change your name (through a court order or any other means.)

Forty five years ago, I changed my name by applying for a new social security card [from Freida Silva to Freida Andrekita Silva.] (I had to provide proof of my identity & evidence of the new name being used.) I then changed my name on my passport using my new social security card. Since then, for all official documents (except my marriage certificate- which only has Andrekita Silva), I only represent my first name with the letter “F” .

So for people like me, neither my marriage certificate nor birth certificate are good proof of my legal name- they are each missing something.

But I agree with others,  EP documents should  start with the most offical name found, then listing all AKA's.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
www.seattle-silvalaw.com<http://www.seattle-silvalaw.com/>

PLEASE NOTE:  I’ve moved to a different floor.  As of April 20, 2023, my Suite number is 940 (no longer 2000). My new address is:  1325 Fourth Avenue, Suite 940   Seattle, Washington 98101-2509.  All other contact information remains the same.










Quoting Roger Hawkes <roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>>:
True ‘legal’ names are birth certificates, marriage certificates, divorce orders, or a name change order.  Most folks think their drivers license states a legal name.  it is not ‘illegal’ to use any name unless for some kind of tricky business.  But a true legal name comes from one of those documents.  It is mostly a ‘practical’ matter of what works in the circumstances.







From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Melody Tucker Law
Sent: Thursday, June 1, 2023 12:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Crazy name situation







I would put "Ann Mary Jane Doe" because all of the other names are derivatives of that Birth Certificate name.







Melody











Melody Claire Tucker


Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980      Fax: 425-743-5921
website:  MelodyTuckerLaw.com







CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.



________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>>
Sent: Thursday, June 1, 2023 11:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Crazy name situation





Melody- which is the entire name to put under the signature line?? The one on her driver's license?





Ann Manley, Esq.


The Manley Law Firm, P.S., Inc.


PO Box 16324


Seattle, WA 98116


(206)292-3064 / (206)292-3914 fax


www.manleyfirm.com<http://www.manleyfirm.com/>



The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Employment Matters, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims



* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.



This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.












On Thu, Jun 1, 2023 at 11:11 AM Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>> wrote:



Hi, Ann.







In response to your question, I always include all of the AKA’s (or FKA, if appropriate) for a client, whether it's estate documents, property documents, or anything else. Initially I didn't do that because it was suggested to me that it would be confusing to the reader. However, I found it by omitting an AKA from a document, that will be THE name that they require to do the transaction or function pursuant to the terms of the document.







When I have the client sign the document, I put the entire name under the signature line and then have them sign the way they “normally sign”.







Following this method, i have had no problems whatsoever. The only comment I’ve had is that sometimes they call it “overkill”, Watch that too but I would rather have too much than too little and then have an issue with validity of a document.







Just my thoughts.







Melody















Melody Claire Tucker


Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980      Fax: 425-743-5921
website:  MelodyTuckerLaw.com







CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.



________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>>
Sent: Thursday, June 1, 2023 10:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Crazy name situation






Yes.  I would simply start out with Anna Doe and then in the first or second paragraph of the will explain that other variations have appeared from time to time in various official records, and that all such names refer to the same person.



And then when she dies, her probate petition could do the same.



Happens all the time.



Phil Jones







Philip N. Jones



Duffy Kekel LLP



900 S.W. Fifth Ave. Suite 2500



Portland, OR 97204



pjones at duffykekel.com<mailto:pjones at duffykekel.com>



(503) 226-1371 – office



(503) 853-1482 – cell



(503) 226-3574 - fax







From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Ann Manley
Sent: Thursday, June 1, 2023 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Crazy name situation







Wife has different names on her birth certificate ("Ann Mary Jane Doe"), passport ("Anna Doe"), green card ("Ann Marie Doe") and drivers license ("Ann Mary Doe"). Most property is tiled in the name of "Anna M. Doe". She prefers "Anna Doe". In her EP documents, can I say "Anna Doe" AKA all other names?







Ann Manley, Esq.



The Manley Law Firm, P.S., Inc.



PO Box 16324



Seattle, WA 98116



(206)292-3064 / (206)292-3914 fax



www.manleyfirm.com<http://www.manleyfirm.com/>



The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Employment Matters, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims



* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.



This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.


***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230602/63b7da84/attachment.html>