Is there a way for someone to change their name while in jail?
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Is there a way for someone to change their name while in jail?
My mother, who is the administrator of my grandfather’s estate, is in jail and desires to sign her inheritance over to me. Unfortunately, the inheritance is in her maiden name; she is in jail under her married name and does not possess identification in her maiden name. A notary I spoke with said that she could not do it without identification. Is this true? Is there any way that someone can sign over their inheritance if it’s in a different name than there married name?
Asked on September 10, 2010 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
While it is true that she will need to provide some form of proof that she is who the Will says she is, I fail to see why she can not get the proof while in jail and sign an affidavit that includes the information needed. Can she obtain a copy of her marriage license with an official seal? That, with maybe a copy of her birth certificate, seems to be all that she may need to show that she is one and the same person. What the notary means is that they have to sign that the person that comes before them is the person who is listed in the document and the person that signed the document. They need to show identification so without the proper documents showing who she is and has become along the way they can not notarize the document. It does not mean that it can not be proven otherwise.. Good luck.
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