QUESTION
Does a person with a hyphenated last name always have to use both names on legal documents?
Asked on Aug 08th, 2012 on Estate Planning - California
13 ANSWERS
A person always needs to use his or her full legal name on such documents (although you may be able to abbreviate your middle name if you have one).
Unlike some parts of Europe, the US does not consider one part of a last name more or less "dominant" than any other part.
Answered on Aug 15th, 2012 at 12:40 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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It is best to be consistent in the use of your name, so as to minimize or eliminate any risk of confusion later on. There is no law, however, that says a person with a hyphenated-name must always use both names, and there is no law that says one name "dominates" over the other.
Answered on Aug 15th, 2012 at 12:39 PM
Probate & Trust Attorney serving Lake Mary, FL
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Barbara Coenson, P.A.
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You should always sign legal documents with your full legal name.
Answered on Aug 15th, 2012 at 12:39 PM
The purpose of using your correct legal name on a document is so that the other party can enforce the terms you have agreed to.
It is in the other party's best interest to require you to sign your full legal name to minimize any later disputes as to whether you actually signed the document.
In some circumstances, there may be a statutory requirement to sign with your full legal name. However, a document may still be enforced if you sign your name in a shortened form or with a nickname.
For example, if a person goes by the name "Skip" Jones and signs a document that way instead of using his legal name, the document is likely still enforceable.
To answer your question, your full legal name is the preferred name to sign on legal documents and usually the other party will insist that you sign with your full legal name. But there is no general requirement that you always sign your full legal name, particularly if you are in the habit of always signing your name one way (i.e., with just one of your last names).
Answered on Aug 15th, 2012 at 12:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It does not really matter, as long as you can prove who you are. You generally want to be consistent, however, so as not to confuse people regarding your identity.
Answered on Aug 15th, 2012 at 12:41 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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If you hyphenate your last name, then you should always use it that way on legal documents. If you do not sign with the hyphenated name, there can always be an issue of no valid agreement because there is no valid signature. One name is not considered more dominant than the other name.
Answered on Aug 14th, 2012 at 11:48 PM
You should always use your legal name on legal documents. Therefore, if your name legal name (i.e., the name that appears on your driver's license and social security card) is hyphenated, then your full hyphenated name should be used.
Answered on Aug 14th, 2012 at 11:37 PM
It depends upon the legal document. But the best answer is yes use the entire name on legal documents. Then you can choose not to for other matters if you wish.
Answered on Aug 14th, 2012 at 8:33 PM
You can choose to use any name you wish. Your "legal" name will be the one that appears on "legal" documents... like your driver's license or passport.
Answered on Aug 14th, 2012 at 8:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the document, generally you can sign as you wish except on certain documents as long as there is no fraudulent intent. Generally, however, it is best to use one's full legal name.
Answered on Aug 14th, 2012 at 8:28 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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One should use the name on one's birth certificate.
Answered on Aug 14th, 2012 at 8:27 PM
In the United States you are legally free to use whatever name you want so long as you are not trying to trick someone about your identity. The usual limitation on this freedom is the need to match existing records or have your signature notarized. In those cases, you need to use the name that matches your other records or your state issued id.
Answered on Aug 14th, 2012 at 6:14 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Use of hyphenated last name is almost always used on legal documents, and should be. The hyphenated name is the more dominant in use.
Answered on Aug 13th, 2012 at 3:22 PM