• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Are Suffixes Part of Legal Name?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Pedas2

Junior Member
Do they do that in Arizona? I'm not a voting law expert and studied very little about this in my constitutional law classes, but I would have thought any requirement that someone have a voter ID card would be unconstitutional. Anyway...



Yes. The word "knowingly" in the statute is directly at odds with the reference in your original post to a person doing the acts mentioned "non-intentionally or carelessly."



She'll be denied the assets, but not for that reason. One cannot simply walk into a bank with a dead person's will (and a death certificate) and expect to receive the money in the dead person's accounts, unless the dead owner of the accounts had designated the other person as the pay-on-death beneficiary of the accounts (in which case, the will would be completely irrelevant). Banks do not determine a person's entitlement to funds in a deposit account based solely on a will. If there's no beneficiary designation, the bank would want an order of the probate court (or compliance with the small estate procedure, which I assume Arizona has as part of its probate law). Intelligently predicting how the personnel at a hypothetical bank will react to "Candy Apple Red II" being entitled to money but producing an ID that omits the "II" is impossible to do.

A prosecutor upon seeing a missing or altered suffix would have to prove beyond a reasonable doubt that a person "knowingly" omitted or altered a suffix, correct? What are the odds of being prosecuted for a missing or altered suffix on a government form?

Thank you for expounding on the legal will and bank issue.

A more simple example would be a beneficiary deed or transfer on death deed that several states have whereby when one is living they can name a beneficiary for their real property and have that notarized document recorded with the county without the need for probate. If Candy Apple Red (mother) names Candy Apple Red II (daughter) as beneficiary for real property (e.g. house) on beneficiary deed, would the name on Social Security Card and Birth Certificate (both showing Candy Apple Red II) override legally a state ID (eg. driver's license) with an omitted or different suffix for purposes of title to the house?
 


Zigner

Senior Member, Non-Attorney
A prosecutor upon seeing a missing or altered suffix would have to prove beyond a reasonable doubt that a person "knowingly" omitted or altered a suffix, correct? What are the odds of being prosecuted for a missing or altered suffix on a government form?
The odds are somewhere between 0% and 100%.


A more simple example would be a beneficiary deed or transfer on death deed that several states have whereby when one is living they can name a beneficiary for their real property and have that notarized document recorded with the county without the need for probate. If Candy Apple Red (mother) names Candy Apple Red II (daughter) as beneficiary for real property (e.g. house) on beneficiary deed, would the name on Social Security Card and Birth Certificate (both showing Candy Apple Red II) override legally a state ID (eg. driver's license) with an omitted or different suffix for purposes of title to the house?
A legally valid state ID would have the correct legal name on it. If not, then the daughter needs to have her records corrected. She'd be better off doing it now and not waiting for it to cause a problem with the transfer of property, etc.
 

Pedas2

Junior Member
The odds are somewhere between 0% and 100%.


A legally valid state ID would have the correct legal name on it. If not, then the daughter needs to have her records corrected. She'd be better off doing it now and not waiting for it to cause a problem with the transfer of property, etc.

A birth certificate and social security card are also valid ID.
 

Pedas2

Junior Member
That has absolutely NOTHING to do with your new scenario.

It possible could as there were mismatches between the DL names and the names on the voter registration form. Impossible to know which form has the name that matched a birth certificate or social security number .
 

PayrollHRGuy

Senior Member
A birth certificate and social security card are also valid ID.
Valid for what? Neither of those proves you are who you say you are. Assuming someone is around my age they could use my birth certificate and SS card.

As an example neither can be used for the I9 you have to complete when you get a job without some other state-issued ID.
 

Pedas2

Junior Member
Valid for what? Neither of those proves you are who you say you are. Assuming someone is around my age they could use my birth certificate and SS card.

As an example neither can be used for the I9 you have to complete when you get a job without some other state-issued ID.

If a state issued photo ID omits or has an different suffix, but the date of birth on the state issued photo ID matches that on the birth certificate, does that unsatisfactorily prove your identity?
 

PayrollHRGuy

Senior Member
If a state issued photo ID omits or has an different suffix, but the date of birth on the state issued photo ID matches that on the birth certificate, does that unsatisfactorily prove your identity?
It well could. I would certainly tell any person I was hiring to head to the DMV to get it fixed.
 

Pedas2

Junior Member
It well could. I would certainly tell any person I was hiring to head to the DMV to get it fixed.

A driver's license has a photo on it, so wouldn't that prove the identity of the bearer? In many states you need a birth certificate to obtain a drivers license. So if Candy Apple Red II omits or puts a different suffix on her driver's license application, does it render that driver's license invalid?

If a police officer asks for your driver's license and Social Security number, is she/he going to not believe your identity because of a mismatched suffix on your driver's license?
 

Zigner

Senior Member, Non-Attorney
A driver's license has a photo on it, so wouldn't that prove the identity of the bearer? In many states you need a birth certificate to obtain a drivers license. So if Candy Apple Red II omits or puts a different suffix on her driver's license application, does it render that driver's license invalid?

If a police officer asks for your driver's license and Social Security number, is she/he going to not believe your identity because of a mismatched suffix on your driver's license?
Nice - yet another two hypothetical scenarios.

Did you have an actual situation that you are personally involved with that is a concern? This is not a chat board.
 

PayrollHRGuy

Senior Member
A driver's license has a photo on it, so wouldn't that prove the identity of the bearer? In many states you need a birth certificate to obtain a drivers license. So if Candy Apple Red II omits or puts a different suffix on her driver's license application, does it render that driver's license invalid?
It could especially in the case of a different suffix. It is wrong and with the current security issues it should certainly be fixed.

If a police officer asks for your driver's license and Social Security number, is she/he going to not believe your identity because of a mismatched suffix on your driver's license?
I've never heard of a police officer asking for an SSN when they have your license.
 

zddoodah

Active Member
A prosecutor upon seeing a missing or altered suffix would have to prove beyond a reasonable doubt that a person "knowingly" omitted or altered a suffix, correct?
Correct.

What are the odds of being prosecuted for a missing or altered suffix on a government form?
273:1

A more simple example would be a beneficiary deed or transfer on death deed that several states have whereby when one is living they can name a beneficiary for their real property and have that notarized document recorded with the county without the need for probate. If Candy Apple Red (mother) names Candy Apple Red II (daughter) as beneficiary for real property (e.g. house) on beneficiary deed, would the name on Social Security Card and Birth Certificate (both showing Candy Apple Red II) override legally a state ID (eg. driver's license) with an omitted or different suffix for purposes of title to the house?
I don't really understand the question. At some point, the question will come up whether CAR2 can convey good title, and any disparity between her birth certificate and a driver's license isn't going to have any relevance to that.

A driver's license has a photo on it, so wouldn't that prove the identity of the bearer?
Prove it to whom?

if Candy Apple Red II omits or puts a different suffix on her driver's license application, does it render that driver's license invalid?
No.

If a police officer asks for your driver's license and Social Security number, is she/he going to not believe your identity because of a mismatched suffix on your driver's license?
No one here can intelligently predict what a hypothetical police officer will or won't believe in a hypothetical scenario that hasn't been described thoroughly. However, in over three and a half decades as a licensed driver, I have been pulled over somewhere between 15-20 times and have never once been asked about my social security number. Even if I had been asked, my response either would have been no or to recite the number from memory because I have almost never carried my social security card on my person outside my home.

Howzabout you explain the purpose of all of these random questions? Do you have an actual legal issue that you're dealing with?
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top