Legal Question in Civil Litigation in California
name change -after 70yrs of using other name?
My father who was born nearly 70 yrs ago, was born, let's say: John Smith. 2 weeks later... his parents bapsitized him Robert Smith. Robert Smith has been used for the past 70 years.. on work records, social security, marriage, drivers licences. He is now on disability and for the past 15 yrs has not had a current drivers licences or ID. His disability checks have been cashed through a local grocerey store. Now the man who used to cash his checks has died. He has no ID. When we order a birth cert. it comes John Smith. the Cal DMV will not issue a ID as Robert Smith. what can we do?
3 Answers from Attorneys
Re: name change -after 70yrs of using other name?
Amazing story! California allows the adoption of any name a person chooses, so long as it is not offensive or for fraudulent purposes. I am surprised that DMV won't issue the ID card in his name.
Alternatively, he can do a formal name change through the court system. He can either hire a lawyer to do it or (heaven forbid), attempt it himself. It's pretty straightforward. See the court's self-help center at http://www.courtinfo.ca.gov/selfhelp/other/namechangeform.htm.
Re: name change -after 70yrs of using other name?
He can go to all the time and expense of a name change, or he can simply open a bank account under his name and his 'dba' name, and deposit or cash the checks. You could add him to your account and do the same.
Re: name change -after 70yrs of using other name?
There is something missing from this story. Do you mean to tell me that this man lived his entire life without a bank account, passport, ID/DL that could be renewed? Somehow doesn't add up.
If he opens a bank account, the Social Security Administration will gladly make direct deposits ofhis monthly checks.
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