QUESTION
How could we provide proof of identification for probate purposes?
Asked on Aug 18th, 2015 on Estate Planning - Michigan
More details to this question:
My elderly mother used her first married name. However, she put the last name of her second husband on her bank account, will, and POA. IS affidavit or certified copy of marriage license enough, or is SSN card, passport, house deed also needed?
8 ANSWERS
Edwin K. Niles
Who is requesting proof? It's good practice to list all names on the probate petition.
Answered on Aug 19th, 2015 at 4:52 PM
3 Awards
There is no exact answer. She should get a certified copy of her marriage license and be prepared to get other documentarian as requested. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Aug 19th, 2015 at 1:29 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to obtain the services of a probate attorney to assist you.
Answered on Aug 18th, 2015 at 1:55 PM
It probably depends upon how large and/or complicated the estate is. In some places, the word of the executor who has personal knowledge of your mother may be enough. In other places and for certain kinds of assets (especially financial assets), your mother may need to provide one or more of the identity documents you mention. She is probably going to have to deal with this on an asset-by-asset basis.
Answered on Aug 18th, 2015 at 1:44 PM
Thomas Edward Gates
All you need to show is that she used both names at some point. You can have both names on the Letter of Testamentary if you think there will be any issues.
Answered on Aug 18th, 2015 at 1:31 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Generally, an affidavit is all that is required.
Answered on Aug 18th, 2015 at 1:27 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The affidavit of heirship will clarify her various names for probate purposes.
Answered on Aug 18th, 2015 at 1:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you engage your probate attorney to assist you. It would seem that you are not versed enough in the various procedures to be able to do this on your own.
Answered on Aug 18th, 2015 at 1:21 PM