Wesley Chapel, FL asked in Estate Planning and Probate for Florida

Q: Hello, My question is about the process to petition for a Declaratory judgement.

I'm applying for dual Italian Citizenship. My great grandfathers name on my grandfathers birth and marriage certificates is different than what it is on everyother document. He used and instead of his actual name, . My grandfathers Baptismal record has the correct names as well. The Italian Consulate in Miami wants all discrepancies addressed. I have a letter of refusal to amend these documents from MA because MA is a point in time state. wanted to go by or at that point in time.. I have read a way to deal with this is a One and the same declatory judgment. Since all my documents are from MA do I need to petition a Judge in MA for this judgment? If not, what are the steps and forms I need to do this in FL?

Thank you,

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1 Lawyer Answer
Tami Lane Augen
Tami Lane Augen
  • West Palm Beach, FL
  • Licensed in Florida

A: This is an unusual question and does not appear to be applicable to family law. It sounds like you are a US Citizen who is attempting to also obtain Italian citizenship based upon the fact that you have Italian family/heritage. If this is correct, then it is not an immigration issue as you are already a US Citizen. It sounds like what you are seeking to have done is for a court to "declare" that the two names used for your grandfather on different documents are one in the same and refer to the same person. Perhaps this is something that can be done in a probate case that may have been opened for your grandfather. You may want to ascertain if there was ever a probate case opened in MA (if that is where he passed) and, possibly see if any documentation was filed in that case showing that it is the same person. You can perhaps reach out to the attorney or firm who did any such probate matter. Finally, I would think that if all of the documents are from MA, that would be the best location; however, I am not sure that this is something that can be accomplished. You can post under "estates" or "probate" perhaps as I do not believe you will receive responses in "Family Law".

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