Legal Question in Wills and Trusts in New York

Birth Certificate and Social Security Card indicates my first and last name only. I have used my baptismal name as my middle name or middle initial for years on all kinds of documents (mutual funds, bank records, pension, employment, driver license ,etc.) not realzing that it was only my baptismal name and not my legal middle name indicated on my birth certificate. I'm worried that years from now if I want to collect my money from pension, mutual funds, etc. or my wife wants to after I pass away, it might be a problem when proof of name is shown. I would think it doesn't matter because imporatant places probably go by SS# and anyway, I don't think middle names really matter regardless of my situation. Please advise.


Asked on 9/01/10, 8:40 am

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

Better safe than sorry. I can tell you from personal experience-someone else with my name (but born later in the year) has a warrant for bad checks. I found out only when trying to get into Police Plaza (before law school and all the ethics checks, thank goodness). i told them i never even heard of that section of Ny and they passed me in (I am vanilla-ish looking, even in my attire). Get this fixed now-I am sure you can do this yourself. Contact Town Hal or wherever you get dup birth certificates.

IF (but I doubt it) you need an atty There are many free legal services for those who qualify financially besides Legal Aid.. Some people think they are getting a less than stellar attorney when they go the free legal route but that is not the case. They are wonderful attorneys with big hearts BUT have HUGE workloads. And, in many cases, they ask for attorneys from the local bar associations to volunteer.

Example: In Suffolk County, on Long Island, Legal Aid does primarily criminal cases. Elder Law services, due to state cuts (at a time more and more people need help the most), is now handled at Touro Law School, where the staff has access to all kinds of wonderful attorneys-professors from Ivy League schools, wonderful law students interning, and all housed at a brand new law school integrated with the federal and state courts across the street, founded on the idea of using the law to do good. Nassau/Suffolk Law Services helps with all kinds of cases. The Suffolk County Bar Assn partners with Touro and N/S Law Services on special pro bono projects, where volunteer lawyers in private practice step in to help people with legal issues who cannot otherwise afford legal help. There is a Pro Bono Foreclosure Project, a Veteran's PB Project, etc. Nassau County operates similarly.

So, see what your area has, and don't forget there are all kinds of social services agencies everywhere that can refer you (e.g. a HUD agency that does the person's foreclosure modification application free, but having trouble with the lender's behavior, might refer someone to Suffolk's PB Foreclosure Project).

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Answered on 9/07/10, 2:20 pm


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