Submitted by M. R. Hamilton on
Some of the information on this site stipulates that we must resign as the representative for the estate set up when we were born. There is not really a need to do this. This will explain why.
Let's take a look at Universal Commercial Code Section 3-402.
§ 3-402. SIGNATURE BY REPRESENTATIVE.
(a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument.
(b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:
(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.
(2) Subject to subsection (c), if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (ii) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.
(c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
As we can see here, UCC 3-402 addresses the signature of a representative and whether or not the signing representative can be held liable when signing an instrument in a representative capacity. So long as it has been made obvious that the signor is signing for another, then the signor cannot be held accountable for he whom he represents. In other words, the representative cannot be held liable for the represented. Courts abuse this this all the time. They are holding the representative accountable for the represented. They have to because they cannot get paid unless they can hold the living man as surety.
Let's break this down. Paragraph (a) tells us the represented is bound by the signature of the representative. Paragraph (b) stipulates the conditions of the signature of the representative. As we see in paragraph (b)(1), if the signature clearly shows the signor is acting in a representative capacity, then the representative cannot be held liable for the instrument. As we see in paragraph (b)(2), if the signature does not reveal clearly that the signor is signing in a representative capacity, AND the represented person is not shown on the instrument (document), then the signing representative can be held liable for the instrument. Paragraph (c) uses signing a check as an example of how the signor cannot be held liable for the writing and signing of the check.
So how would we use this is practical terms. When one signs an instrument, which is any document that has a signature on it as all documents that are signed are financial instruments, including all contracts, the signor would need to add something to the signature to indicate he is signing as a representative. One could write the word "administrator", "executor" or "trustee" under the signature. Or a more easily just write the word "by:" in front of your signature. This removes any ambiguity from the signature making it obvious that the instrument was signed in a representative capacity.
Let's use the driver's license that people have been lead to believe they are required to have as an example. readers will note when you look at your driver's license the name is spelled in all capital letters. The all caps name refers to the fictional strawman, or trust created by the birth certificate that was used to take control of the trust that rightfully belongs to the living man. But when those who get the drivers license are merely serving as the trustee when signing on behalf of the all caps NAME. There are several ways to protect your rights as representative for the estate, trust or whatever you would prefer to call it. Some states do not allow anyone to write "Without prejudice" or terms like "administrator" by the signature as they call this a restriction on the signature, which it actually is. But you may get away with writing the word "by" in front of the signature on the same line as the signature. We will address what to do when a state does not allow the use of any restrictions when signing for a driver's license shortly. So if one gets pulled into court for a traffic violation, child support of any other reason, have the court provide its evidence of how they identified you, the living man as he who is liable for the case, whate3ver that may be. The commonly produce the driver's license with the living man's photo on it as evidence they have the right guy in court. At that point the "charged" should move the case be dismiss as the charged is merely the representative for he who is named in the case. The judge has not choice but to dismiss the case. He has to abide by the UCC just as anyone else does.
In the case of those in a state that does not allow for adding any additions to the signature, merely proceed with obtaining the driver's license and immediately upon getting the driver's license, serve a notarized and recorded copy of an affidavit that stipulates the when obtaining the driver's license, the signor for the instrument (driver's license) was signing as the representative for the NAME appearing on the document. Then have that served on the commissioner for the office that governs driver's licenses in your state. Make sure you get at least two certified copies of the affidavit when you record it so you can have one to keep with you in your car, or at least to take to court with you and one to serve on the commissioner who heads up the governing authority for driver's licenses in your state.
The key here is to make sure everyone knows when you sign a document you are merely the representative for he who is named on the document.