FindLaw |

Find a Lawyer. Find Answers.

"... does Ohio require the use of SSNs on wills to further identify beneficiaries?"

No, but it sure makes things easier if there's more than one person in the country with your wife's name -- which there likely is.

"If this number is required, would a current U.S. Passport Number suffice?"

Er, if the SSN were required, why would a passport number suffice?  In any event, if her lawyer doesn't like it, she's free to tell the lawyer to pound sand.

 

The basic issue is: Does Ohio require a Social Security Number to identify a beneficiary in a will?

The secondary issue is: Can a valid U.S. Passport Number be used in lieu of this? 

Rationale: Think I-9 allowed identification.   A passport number is unique enough to raise questions if used by someone trying to steal an identity.  The State Department is a bit more responsive to these issues than most states A.G.'s when responding to mis-use of documents.

The attorney's request may have been made under a mistaken assumption.  Your wife needs to ask the aunt for the attorney's name so that your wife can discuss her concerns with the attorney directly.  Some attorneys think the SSN is needed "for tax reasons" assuming that the beneficiary may have some type of federal tax and/or state tax obligation, or there may be another reason.  If your wife explains that she has been a victim of identity theft, then the attorney will understand and your wife needs to find out for sure EXACTLY ON WHAT FORMS the SSN is being used and should clarify that she does not want it to appear in the will.

"The basic issue is: Does Ohio require a Social Security Number to identify a beneficiary in a will?"

No state requires that beneficiary SSNs be included in the will. Indeed, no identification number is really needed at all. Moreover, given that wills become public documents once filed for probate, no SSNs or other identification numbers should be shown on the will. What's important is that the will is written in a manner so that it is clear who the beneficiaries are. In the case of Ohio, Chapter 2107 of the Ohio Revised Code contains the requirements for wills. Some estate planning lawyers ask for this information routinely as it does simplify a number of matters later when the will is actually probated. In particular, the SSNs of beneficiaries are needed by the executor of most estates for tax purposes. But the SSN is not needed on the will and isn't really necessary until the person dies and the estate takes over.

Thanks to everyone for your answers.  I couldn't find anything in the Ohio Statutes, but wanted to make sure there wasn't a provision 'hiding' out somewhere else in the statutes.  Thanks to all.
Best,
desertrat12

As the prior response indicated, the reason for using a SSN is to make it easier for the executor to identify and locate beneficiaries.  It's not required by law.