Comic 882 - Inheritance

10th Nov 2016, 1:11 PM in Ch. 30: Little Victories
Average Rating: 4.67 (9 votes)
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Author Notes:

Jocelyn 10th Nov 2016, 1:11 PM edit delete
Whoops. Not quite the cheery page I was hoping to have for you today. Sorry about that. ^^;

About this one though, here's a little impromptu behind-the-scenes Raindom Fact for you.

I've mentioned this before, but when I began writing Rain, I hadn't started transition yet. So originally, Rain wasn't going to transition in the story, because I didn't want to try to explain what I really didn't know enough about. I played it off thinking she couldn't legally do so until she was 18 anyway (hence why her birthday is in August, at what is essentially the farthest point from where the story begins). Then I did start transition, and also got word from younger readers that it is totally possible to legally transition under 18... although admittedly, it can be more challenging. So at one point in the story, I did have Rain mention a bad experience with a gatekeeper therapist to explain why she isn't already transitioning by now.

But why am I talking about this?

Well, it's actually a very similar story for Rain's lack of name change. When I started, I hadn't done it myself yet, and didn't think she could that young either. And again, this has long since been debunked for me. Unlike the matter of her medical transition though, I had no idea how to explain why she hadn't changed her name yet. In my state (where she lives too), all you need to do is fill out some paperwork, and pay some money... and wait a lot (always with the waiting). Admittedly, mine was a longer than usual wait though (I've been told), so I felt like even if I used the excuse that Rain was just waiting for the paperwork to go through in the beginning, it really should've been resolved by now. So that excuse felt less viable to me.

Then a couple years ago, I visited my parents' house for Christmas. Somehow, the topic of them having recently written a will came up (oddly morbid holiday talk). And it turned out they'd used my deadname because they weren't sure if I'd actually changed it yet at the time. It might not technically matter on a will, but they agreed to fix it for me just to be on the safe side... and that's what led to this plot point.

For the record, I've never been able to confirm one either way IF it matters. I feel like there have got to be plenty of instances - trans or not - where wills were written out to people who changed their names for one reason or another, and they could still claim their inheritance. But I feel like the existence of the confusion makes this plenty believable. So even if this is completely incorrect and Rain could've changed her name a while ago without issue (though I'm sure I'll be corrected numerous times here if I'm wrong), I can also totally understand the "playing it safe" attitude.

At least, that's how I feel, so I'm okay rolling with it. Also, it helps bring up a lot of other topics too.

Rain, all characters and all other aspects of the story are copyright material belonging to me.

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Also, can I humbly request that we limit the political talk? I've been so exhausted and stressed for the past few days because of this election, and I don't know about you, but I'd rather just have a little reprieve where we can all talk about something else. I can understand why this page's topic might tie into some political concerns (although that's not what I was going for as this script was written long before I knew what day the page was posting), but I will moderate or close comments altogether if I see too much political vitriol going around. I just don't need it right now. Honestly, I don't think any of us do.
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Jerabi Menna 10th Nov 2016, 1:26 PM edit delete reply
would you like a cookie Jocelyn? i have tons of virtual cookies. you can have some. i love sharing them.

also, eh... i have not a ton to say about this comic page. besides i suppose that side earring is cute :P
Reimi 10th Nov 2016, 1:31 PM edit delete reply
That is actually a very good question. Good thing I don't have any inheritance at all to worry about since I was part of the shunned side of the family that the rich members throw pennies at every couple of months for laughs. I already know they will reject me 100% when I come out and I really don't care.

I'm really close to kicking off my legal name change attempt (I say that due to living in Red Neck Central) and I am seriously considering uploading a picture of myself as I look now (not 5 years ago) with the simple message "Fuck it, I'm out." and updating my info and being done with it.
EpicSD 10th Nov 2016, 2:35 PM edit delete reply
How dose one actually change their name?
Falicity 10th Nov 2016, 3:07 PM edit delete reply
Depends where you live
Reimi 10th Nov 2016, 4:14 PM edit delete reply
Usually involves filing a petition to your local county court. Then you hope the Judge decides you aren't doing it to escape from collectors or they could reject it just because they feel like being a dick. Depends greatly on where you are if it goes through.
DramaDork 10th Nov 2016, 3:09 PM edit delete reply
Depends on the state/country. If you're under 18, your guardian(s) would end up doing it.
EpicSD 10th Nov 2016, 4:10 PM edit delete reply
Okay, i,ll go on google and find out to do so here, and i'm 19 so no worries about need my mom to do it. thanks
Samantha 10th Nov 2016, 6:01 PM edit delete reply
Having done the name change at the clerk of court, I cannot see this actually affecting things, so long as the lawyers involved are notified as to where to find you. They do update the vital forms, and it shouldn't actually prevent inheritance.
BlackSocks 10th Nov 2016, 6:22 PM edit delete reply
Fara: "I just worry because it wouldn't be the first time stupid rules were set in place seemingly for the sole purpose of screwing trans people over."

Can someone please explain to me why it isn't good to have regulations on changing names?
The Logical Conservative 10th Nov 2016, 6:52 PM edit delete reply
Because of people commiting tax evasion for example?
The Logical Conservative 10th Nov 2016, 6:53 PM edit delete reply
Sorry, read the question wrong.
Samantha 11th Nov 2016, 9:12 AM edit delete reply
No, you're not wrong there is tax evasion or other types of fraud. However, it is important to note, that first off they update many legal records with that name change form. Second, they let you keep the form. And better yet, while I was handing out my name change forms to update stuff, I asked for an extra copy. It took much less waiting time, implying they have a copy at their end to work with once you give them the form, which they can copy and seal at their leisure.

You can literally just show your name change form to any lawyer that needs it, as it is a legal document. There's nothing stopping her really, and in fact it is probably to her advantage to have an updated name and gender marker on license documents she has to minimize issues if pulled over by police for example.

(A quick note, you want to show a psych's note or medical note at the social security, because it is on record and will produce a mismatch when you have a driver's and social security)

In fact, in states like Virginia, a surgery isn't necessary to update the document. I am a trans female despite being gender fluid and still anatomically "male".
Some Ed 18th Jun 2017, 3:28 PM edit delete reply
If the will specifically stated that the heir's name needed to be a particular thing to get their inheritance, that would probably matter.

Otherwise, it probably wouldn't matter - as people have pointed out, an executed legal name change form should suffice.

Of course, results may vary depending on the jurisdiction, the judge, and what kind of mood the judge is in.

In *any* district, Kellen would at least be able to use it as the basis to claim Rain shouldn't get her inheritance, if she was initially granted it. The only question along those lines are what the outcomes of such a suit be.
Ron 25th May 2022, 2:57 PM edit delete reply
In Ohio you can change your name just because you want, without a physician's note or anything, though mentioning you are trans makes it less likely for the court to throw it out as wasting time (since they have to do a legal search and a court appearance to make sure you aren't committing fraud or something I guess). And then you can take said name change document to social security office, driver's licence building, schools, etc. and change the name there also. Changing the gender marker is more difficult, and usually requires note from a physician, but I have the corrected one on driver's licence and passport now. (Passport is easier, isn't that ironic?)
Ron 25th May 2022, 2:50 PM edit delete reply
I think she meant that regulations, like changing names, while trying (but not necessarily succeeding) to do things that are good for most people rather callously screw over trans people on a not infrequent basis, but also remember when this comic is set. The stupid bathroom police laws come to mind. And, since much of the really important stuff like bank accounts and fraud are attached to Social Security Number and not name, it does seem like the long involved process of name change is redundant and causing way more problems for those who need it than for those who might take advantage. I've read that in the UK one can change one's name by going to the local main street and filling out a form. That's it. No court appearance, no long legal background search, no putting an ad in a local newspaper (something I had to do for mine - let's just let the bigots know shall we?), just filling out a form at a government office. What's the point of the US system again?
Reathyr 11th Nov 2016, 1:38 PM edit delete reply
Probably not going to a problem with the actual will, but a changed name and gender might (and I will stress "might") be enough grounds to actually contend the execution of the will, by say a certain non-accepting sister or certain a bigoted father, at least one of which we know (Kellen) is also a beneficiary of that same will.
Doombird 11th Nov 2016, 9:58 PM edit delete reply
A simple administrative change goosing up a very important legal or procedural function is hella believable. Way believable.

My grandma's name is Margaret but she goes by Peggy, has for most of her life - and half her docs and credit cards and etc. say the first one and half say the second one. That was enough to almost ruin a family trip on account of the legitimacy of her passport coming into question.

I didn't even bat an eyelash at this explanation :D
RubyRuthNeal 12th Nov 2016, 8:23 AM edit delete reply
I used to work for many years with a woman who went by Peggy, but her name was also actually Margaret. She retired from the job over a year ago. Coincidence???? Her last name began with a "G" and was quite Irish in origin. I'm in Texas. That would be like super mindblowing if the Peggy I know is also your grandmother.
skrbunny 19th Sep 2022, 8:25 AM edit delete reply
when my mom found out about my name change (i'm an adult over 40), she pretended to be concerned that i couldn't inherit because the will had my old name in it... she was mad and said she wouldn't pay to change it.

but i checked the law and found out that for the laws where we lived, that differences in name only mattered if it raised a question of who the intended recipient was. Since there would be no question who she meant by 'deadname', I told her that she had no reason to have to change the will.

Well, funny thing. She was actually happy when she thought that my name change disinherited me, cos once she found out that the will would still work, she *did* pay a ton of money to rewrite it to remove me.

its fine though. my dad tried to set aside some money for me while he was alive... my mom stopped it, so even pre-transition, I knew she'd make sure I was cut out of things.
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