USDS Name Change and Legal Documents Kits Frequently Asked Questions

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FAQ

How does your kit differ from others?

In many ways.
1st, we do more than simply send blank forms. We also explain how to use them and what you may want to think about first.
2nd, the Official kit provides extensive materials for other legal matters for use now and in the future such as wills and pre-nuptial agreements.
3rd, the commentary sections are simply not available in other kits. Issues of children in name-changes, will considerations, terms of pre-nuptials and other factors are just ignored in other sets.
4th, It is the only kit which provides the full range of legally necessary materials. This is not just a mailing of blank forms on a few topics.

This is not just a package of forms, but also provides very, very useful practical information to avoid the many problems that can occur even if you do everything right.

Do I have to change my name immediately when I marry?

No. You can change your name immediately, start ahead of time, or wait and do it anytime later. However, you should decide exactly how you want to change your name as it is very difficult to make a correction. We discuss various considerations for name changes (do you hyphenate and if so, your middle or last name?) and tell you how to avoid misprints on government documents.
 

Can name-change documents be handled by mail?

Most can, but we recommend you change your social security number in person and will have to do so with your driver's license. You can mail in your change to the social security office - but we explain why you probably do not want to handle this by mail unless you are in a rural area.
 

Do I have to use the same name in all circumstances?

No. You can use one name to relatives such as parents and grandparents, have another for legal documents, and still another in your professional employment. We also explain how to legally use assumed names for business and privacy.
 

I am marrying for a second time and have children from my first marriage. How do I both take my husband's name and keep a name connection to the children?

The Kit discusses your options to keep a name-link to your children (sometimes critical in a medical emergency) - while also taking your husband's name. It also discusses options to give the children a link to their step-father WITHOUT going through extremely difficult name changes.
 

Why do you include both hard copy and disc?

Hard copy allows you to review the materials very quickly. It is very difficult to jump back and forth between pages when following instructions. Beware! Most name-change services only provide hard copy (paper) - so you have to type every word of their forms onto your computer - not just fill-in-the blanks. This is a terrible nuisance, very time consuming and allows for mistakes.
For some documents, it is highly recommended or required that you use the actual form provided by the government agency. We provide you those actual forms - rather than just telling you where you can drive and pick one up. Having the information on disc allows you to use your computer and printer to fill-in the blanks on other forms without having to re-write the entire document.
 

Can I change my name without buying a kit from someone?

Yes. A person also could save money by building their own house - though it might not be a good one and by the time they are done fixing mistakes they may have spent more. This collection saves you time, gas money, confusion and most importantly avoids mistakes and oversights.
 

How often can I change my will?

As often as you wish. We recommend that you quickly draw up a simple will - just naming who you would wish your estate to go to. Later you can rewrite it to be more specific and change your will. With the original draft already on your computer or saved, it is easy to update it.
 

Can I have a different name for commercial and professional usage?

Yes, and in most states this can be done in a matter of minute via a recorded assumed name.

My former married name appears on my marriage license. I do not want to keep this name. Is this a problem?

No, there is no complexity to drop your former married name.

Do I have to name a lawyer to handle my will?

No. The main advantage of having a will is that it can be written to avoid the legal system including avoiding having to go to probate court (courts that hear estate cases).
 

Can we write one will together for both of us?

No, a will is strictly a personal matter. You can both know what each other's will says or you may write yours privately. You could even draft a second will secretly to cancel a previous will - but without having to disclose the changes. It is advisable that you each do not sign as witnesses of each other's will and in some states this is invalidates the will.
 

May I includes statements in my will, for example a statement of how much I love my spouse and children?

You can write anything in your will, though will want to avoid statements that may suggest irrational emotions such as extreme anger or very peculiar perspectives. You also could include photographs and even a video taped statement to leave - but these are not required and can be added later.
Often, wills are the "last words of encouragement and advise" - and we recommend you provide these in your will for your spouse and for any children. These words can be a wonderful assurance in a very difficult time.
 

What happens to my estate if I do not have a will?

In most states, this puts the estate automatically into probate in court and all accounts and assets are frozen until the court rules. Anyone can make claim against the estate - including relatives and bill collectors. With most wills, you can completely eliminate all of this by the proper language and have your estate settled without any court action or openly the estate to any contest. While this may not matter to you now, it could in the future.
 

Why are wills important in 2nd marriages?

There are many reasons. Your previous spouse and relatives may make a claim on the estate. You may even have forgotten that you named your ex on your insurance, in employment papers, a military will-statement, and other ways in which the ex actually receives death benefits.
Many people actually have estate assets they do not remember - military, employment, forgotten little life insurance policies (which can grow to large amounts) and even claims against other relatives estates they are unaware of. For example, those who were in the service probably signed a statement that they wished their estate to go to their parents and named a previous spouse in other documents..
A will can post-date and therefore cancel all those other documents - even if they do not mention forgotten documents and assignments.
A will is vital if children are involved. Your spouse as step-parent could find they have absolutely zero rights to even see the children - even if he/she raised a child for years if there is no will and the biological parent wants custody. With this, the biological parent then also can make claim for the estate in the child's name. Thus, your husband (or wife) could find they lose all contract with the children which they raised and lose much of the property too.
 

Do wills affect placement of children in the event of the death of both parents?

If you plan to have children, a will is absolutely critical for the children's protection in many ways. In the event of both parents death, children are placed by the courts. Relatives then make claim for custody or conservatorship/costody of the children - and in this then also seek the estate. In a will, you can specify your preferences as to whom you wish to raise the children and this language carries great weight in court. It also insures that whom you pick then also receives the estate and death benefits as you specify.
 

Are prenuptial agreements legally binding?

Each state is different, but generally yes - unless the terms are truly unfair or manipulated. The longer a couple are together, the more assets brought into the marriage are considered community property.
 

Is a prenuptial agreement a prediction of future divorce?

Absolutely not. A prenuptial agreement also can serve as a marriage contract - in which the couple specifies what their duty areas are, promises to each other, methods of dispute resolution and other means to both cause pre-marriage discussion and post-marriage understanding.
 

Isn't writing a will and prenuptial agreement for a marriage rather gloomy?

A marriage is not only a romantic occasion and commitment, but it also is a declaration of duty and responsibility. A loving spouse would want to insure life is as easy as possible in the event of death and certainly would not want the other to find themselves in financial and legal chaos. Writing a will is a way of declaring love even after death. A prenuptial agreement is a declaration that both are entering into the marriage thoughtfully and responsibly.
 

Some other kits cost a little less. What is the difference?

A car without tires, engine and interior also cost less. Our kit allows you to put the information on your computer - meaning you can save it and prepare it quickly. The kit provides a full collection of marriage-related legal documents and materials - for which you would have to buy many kits and programs at much greater expense - with materials then unrelated to marriage - to obtain otherwise and at much greater expense. As the materials are Interco related, it is practical to use and overall it presents legal matters in realistic terms with excellent advise. Remember, no other marriage documentation service provides this collection of resources, government forms, and legal materials.
 

What computer capability do I need:

None. All important forms are on hard copy and we provide you with the government authorized forms to use. You will need a computer with an A drive (standard floppy) for wills and pre-nuptial agreements. CD-rom is not required so both old and new computers work. If you do not have a computer or printer, most office supply, copy shops and libraries now offer such services.
 

UNITED STATES DOCUMENTARY SERVICE
Marriage Name Change & Legal Forms Documents - $23.71 (this includes S & H)

This kit and collection includes everything listed on the homepage for name change, pre-nuptial & marriage contracts, Do-It-Yourself Wills, 2nd Marriages, government forms and instructions.

You do not need a printer! Payment may be in check, money order or MasterCard/Visa. Simply print and fill out the form below OR write the information on a sheet of paper and mail it if you do not have a printer. If payment is by check or money order, make it payable to: "JUSTICE WEDDINGS"

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Full Set All Materials $23.71

INCLUDES EVERYTHING - NAME CHANGE, Prenupitals, Wills, 2nd Marriage Info. and MORE

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Name Change Kit Only $17.33 Retail $39.95. You Save $22.62 (56%)

 

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