Illegal use of deceased fathers last name

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GJohnson

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This question is complex and involves other individuals than just myself.

Thirty-one years ago, my mother met a man who we thought legally married her and who raised us three children and took the role as our stepfather. My mother has owned a business for the last 10 years. In 2005, we received information that this man (stepfather) was stealing from the business and my mother. Due to past events, my mother fled with the clothes on her back and filed for a divorce. Unknown at the time, the last 30 years were a fraud and there was never a legal marriage therefore any need for said divorce. In 1995, almost 15 years of already being together the man (assumed stepfather), decided to change his last name to my deceased fathers last name and has assumed identity as such since. In light of recent events and fraud by this man, we are fighting for him to lose such surname. No legal routes have been taken at any time for such a name change, nothing filed in any court nor publication as such. Additionally, after investigation on this man's history it has been revealed that he is a convicted felon with a colorful past and recent present. My mother after learning the extent of fraud that has been committed on her life, her business, and everything she has ever owned and worked for filed in civil court 14 counts of various fraud charges. She has been in court since October 2005 with said filings. Unfortunately, this man due to my mother's business earnings has many friends in high places. His best friend is the son on the head superior court where said filed court case is. We have an extreme amount of documentation of his actions and have informed agencies accordingly. Additionally, upon subpoena, we received the hard drive of the business computer and we were able to recover many other documents that support how deep his connections run and who is assisting his continued fraudulent actions.

Here is my question. In regards to use of my fathers last name. How can I get him to legally cease using my family name? I have tried through Social Security Administration and the Department of Motor Vehicles. Each accuses the other of providing him use of said last name without any supporting required documentation of such use through each agency. Additionally, the connections and even most recent actions of his ties to the powers it be, within the superior court where the case presides will not do anything to assist. Please provide any guidance and or suggestions in this matter.

Thank you so much in advance for your time in this matter.
 
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Did he apply to have his name legally changed, or simply commence using the deceased father's last name as an alias? What name does he use on his driver's license, tax return, etc?
 
He went to Social Security Administration in 1982 and provided a BOGUS "marriage license", from Universial Life Church, from a "rent-a-priest", who never filed nor had any intention to file said license with Sacramento thus making said marriage never legal. Social Security Administration in 1982 had no safe gaurds as they do today and did not research his background to verify he was not a convicted felon thus took his word and changed his name as well as his social security number, thus giving him a new identity.
 
I'm not aware of any way to challenge an official name change made on allegedly bogus grounds. If he hadn't changed his name, and was simply going by the new name, you could file for an injunction preventing him from using it. (Not that you'd necessarily get one, but it would be something to consider.)

Since the state says this is his name, however, you're not going to get a judge to just order him to stop using it. Where I am, statute law enables a person to bring information to the Director of Vital Statistics that the name change was obtained by fraud or misrepresentation, and the Director can hold a hearing to determine whether the change should be annulled. In my cursory inspection, I haven't seen anything comparable in the California Code sections on name change. You need to convince someone - I suspect Social Security, since they're the ones who permitted the name change in the first place - to rescind the change.
 
I very much appreciate the information. I have gone as far as I believe I can with Social Security Administration at this time however, I hope and believe this situation to be catalyst for SSA for training and future prevention seeing that identity theft is on such a rise today. Unfortunately, due to the liability issues and lack of safe guards present for this type of situation in the early eighties I do not see this administration reversing their actions regardless of the mass amounts of proof provided. I have high hopes through the outcome of the fraud trial a judge will provide the order for such reversal and justice. Again thank you for your time and efforts!
 
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