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Two Explorers Descend Into An Active Volcano, and Live to Tell About It

vandelais Re:Grandparents... (66 comments)

Good thing they didn't forget the burn cream.

about two weeks ago

Big Bang Actors To Earn $1M Per Episode

vandelais Re:It's not that much (442 comments)

Once a series is in syndication, its value has been substantially increased.

about a month and a half ago

Big Bang Actors To Earn $1M Per Episode

vandelais Re:They are the rich (442 comments)

Santa isn't real, but I still like to open presents.

about a month and a half ago

Microsoft's Missed Opportunities: Memo From 1997

vandelais Re:Too long (161 comments)

Microsoft ought to have presented screens showing a "house", with "rooms" that the user could go to containing familiar objects corresponding to computer applications – for instance, a desk with pen and paper, a checkbook, and other items. Clicking on the pen and paper would open the word processor, and so forth.

about 2 months ago

30% of Americans Aren't Ready For the Next Generation of Technology

vandelais Re:Funny (191 comments)

You must be new here.

about 2 months ago

Emails Show Feds Asking Florida Cops To Deceive Judges About Surveillance Tech

vandelais Easy solution (251 comments)

Have the manufacturer of the "so-called Stingray", whatever that means, change the branding or release a version called "confidential source".
After all, one of those "so-called Stingrays" killed Steve Irwin.

about 3 months ago

Mt. Gox CEO Returns To Twitter, Enrages Burned Investors

vandelais Re:Grub rescue console (281 comments)

I think you're right. Chewie, turn the ship around!

about 3 months ago

This Is Your Brain While Videogaming Stoned

vandelais Re:PVP? (168 comments)

You! Alright! I learned it by watching you.

about 4 months ago

Measles Virus Puts Woman's Cancer Into Remission

vandelais Re:Next thing you know (74 comments)

Your analogy makes no sense.
The vaccine is Dr. Phil and the cancer is DJ Jazzy Jeff getting thrown outta the house.

about 4 months ago

H.R. Giger, Alien Artist and Designer, Dead at Age 74

vandelais Re:Tombstone (92 comments)


about 4 months ago

Apple Refuses To Unlock Bequeathed iPad

vandelais Re:Lawyers (465 comments)

People are also fickle and are prone to changing their minds about such things also as evidenced by Boss Hogg in every single episode of The Dukes of Hazard.
Your analogy is a WIN.

about 6 months ago

Apple Refuses To Unlock Bequeathed iPad

vandelais Re:Serial number (465 comments)

A will is a legal document but it's not in force unless someone petitions the court on behalf of the estate (usually the appointed executor).
The children did not do that.

That is why you can't take a will to the DMV to get an automobile title changed..

about 6 months ago

Apple Refuses To Unlock Bequeathed iPad

vandelais Re:executor's request plus will should be enough (465 comments)

They didn't get an appointment, probably because there's no substantial assets (real estate, automobile) subject to probate or they got around probate with those other assets using joint ownership.

The will shows who the deceased at one point in time said should have the rights to the property.
The problem the children have is the will is not in force unless a court says it is .
There could be multiple wills. They all start "Last will and testament". People step forward on frequent occasion with an updated will or contestation of a singular will. A court sorts this out. That is why the uniform commercial code says that proof of executorship/administration, even when issued by the court, be accepted if dated within 60 days. In this way, the person or entity accepting the authority of the court from that document be held without blame according to safe harbor provisions.

about 6 months ago

Apple Refuses To Unlock Bequeathed iPad

vandelais Re:Maybe mum bequeathed the device... (465 comments)

AC lawyer--you should know better.

I RTFA. The kids don't have proof of executorship.
A will doesn't cut it.

Certified Death Certificate=proof of death.
Solicitor's letter=a letter from an attorney that uses fancypants words like herewith and forthwith
Copy of will=copy of an unexecuted will, of which there may be several copies drafted and amended over the years to perhaps bequeath the rights or property to someone else. This is why people come out of the woodwork with multiple wills or the courts settle the matter when there is a dispute. Waiting periods often apply. Sometimes the equivalent of a cocktail napkin is sufficient evidence to decide these matters, but the matter about always necessitates a document bearing the raised seal of a probate court or affidavit drafted by a lawyer or a Suze Orman CDROM which includes the statutory language.

What the children don't have is a document proving that the will was entered into probate, or statutory substitute thereof.--often a property-specific court order. It works the same in the U.K. as it does the states (it gets weird with Louisiana, though).

The children either want to avoid full probate because of the expense or need to get a new attorney familiar with whatever the affidavit of small estate alternative process is for their jurisdiction. They can tell the 'false economy' story to folks who don't understand civil law and get the media and the blogosphere to believe them.

about 6 months ago


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