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Certainly, and it looks as though you (or the other person) has done it successfully throughout a lifetime. It's all right to use a name other than the one given to you at birth as long as you're not using the other name to defraud.
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Well, you're using it as your name. It's "legal" because it identifies you.
Is there some problem that you're looking into? Maybe we should discuss this from another approach.
But if my name at birth was Robert and for the next 90 years I signed my name "Bob," what's the harm and who's the harm to?
If it's not for fraud, Dolly could call herself that all her life. But in order to get a driver's license with that name, instead of Eva, Dolly is first going to have to get her name changed legally.
Does that help?
I have a suggestion. Why don't you tell me what's going on? Then we can get right to the point.
Ah, thank you. If you attempt to use the argument that Dolly is not the woman's legal name as some sort of defense in this suit, you will be laughed out of court. Sorry, but it makes not difference. It is what is called "de minimus" - such a small thing it makes no difference.
If you haven't already you'll need to get help from an attorney if you can - at least some coaching now and then.
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Best of luck to you,
Jane Doe Deer