San Antonio Express-News

How to go about changing your name, including on your own

- By Ronald Lipman

Q: What is the process to change a person’s name?

A: The steps are different depending on whether you are changing the name of an adult or a child.

Assuming you want to change your own name and you are over age 18, you would need to file a petition with the proper court requesting the name change.

If you have a felony conviction, you generally must have been pardoned or two years must have passed since you were released from prison or completed any required probation.

The cost should be about $150 to $300, depending on where you live.

You can handle the name change yourself, without an attorney, by following the steps on the texaslawhe­lp.org website. Once there, click on the “Name Change” tab on the homepage.

You may find that changing your name is too complicate­d to do yourself, and if so, you should hire an attorney to help you navigate the process.

Q: Our mother died in August 2019, and her lawyer was named to serve as executor. He sold her residence in June. We received a partial distributi­on last year, but we have never received an accounting even though we have asked several times. We do not know what he is charging for his fees. We’ve requested a finalizati­on of her estate, including the rest of our inheritanc­e, but we have received zero communicat­ion for the past several months. Do you have any suggestion­s?

A: Clearly, your repeated attempts to get the executor/ attorney to provide you with informatio­n and respond to your requests have failed.

The best option is for you to hire an attorney to write a letter demanding an accounting, a full update on the status of the probate and a request that he make the final distributi­ons of the remaining estate assets as soon as possible.

If you write the letter, it will probably be ignored again. If your lawyer writes it, the executor/attorney will take it far more seriously.

There is risk in hiring an attorney. The executor/attorney might be billing the estate at a very expensive hourly rate, and he may view the demand letter as an opportunit­y to bill the estate even more. He might also decide that the estate needs to hire another attorney to repre

sent him against the estate’s beneficiar­ies. Of course, he would be spending your inheritanc­e to defend himself.

To prevent this from happening, ask your attorney to write the nicest possible demand letter. It needs to be strong enough to show you are serious but not so threatenin­g that the attorney/executor views it as a threat.

The informatio­n in this column is intended to provide a general understand­ing of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstan­ces. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specializa­tion. Email questions to stateyourc­ase@lipmanpc.com

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