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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 a month and a half 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 a month and a half 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 a month and a half 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 a month and a half ago

Ask Slashdot: How Long Will the Internet Remember Us?

vandelais Forum 2000 (126 comments)

I for one would like the Forum 2000 Hall of Fame to be restored.

Now that I'm divorced, all that relationship advice from Cookie Monster, Ayn Rand, Bill Gates and Hillary Clinton would come in handy.

about 4 months ago

WA State Bill Would Allow Bosses To Seek Facebook Passwords

vandelais Re:Coming up next (316 comments)

Frog one is in that room.

1 year,19 days

US Election's Only VP Debate Tonight: Weigh In With Your Reactions

vandelais Re:watch the VP debate or baseball (698 comments)

Didn't pay attention in civics class, did you?
V.P. gets tie-breaking vote in the U.S. Senate.

about a year and a half ago

What Happens To Google Employees When They Die?

vandelais Re:It's called insurance, right? (170 comments)

Net the cost of the premium one would pay versus taxes on benefit, it is worse.
Give my spouse a 10x salary insurance coverage premium instead of the same amount of wage pay. Cheaper for you, better for me.
Especially after the unfortunate 'accident'

about a year and a half ago

What Happens To Google Employees When They Die?

vandelais Re:It's called insurance, right? (170 comments)

No, it's worse than insurance. The company pays, so it's taxable to the recipient.

about a year and a half ago

Minneapolis Police Catalog License Plates and Location Data

vandelais Nice bias, burying legitimate usage instances (289 comments)

for comparing records against stolen vehicle, missing persons, wanted criminals, and revoked license reports.

about a year and a half ago

12 Dead, 50 Injured at The Dark Knight Rises Showing In Colorado

vandelais Re:God Bless America (1706 comments)

..except Fred Willard.

about 2 years ago

Online Social Security Statement In Limbo

vandelais Re:Sigh (160 comments)

Currently the SSA takes in less money than they need to pay out for benefits. In the short term, that is ok, they have a large fund which is used to fund the difference. However the difference is quite large, and nothing is being done to fix the problem. That means at some point the fund will be depleted (when depends on a lot of factors, you can look up the various estimates). When that happens, they can't pay out the promised benefits, only a fraction of them, maybe 70% currently.

Except no article on the subject goes past that point. It's just 70% and the story ends there. The mathematical unsustainability of the system in its current state means that the payments will start at 70% and decline year after year after year....
Promises were made, promises were kept, but when the trust fund runs out, hold onto your hats.

The system needs reform on the expense side of the equation.

more than 2 years ago

Friday's Big Swings, Mostly Down, Illustrate Bitcoin Value Volatility

vandelais Re:Poocoin (476 comments)

It's been watered down.

more than 2 years ago

PBS Web Sites and Databases Hacked

vandelais Re:I agree. (387 comments)

Take off the mask, Butters. We know it's you.

more than 2 years ago

Smithsonian Unveils 'Art of Games' Voting Results

vandelais Re:Decent List (183 comments)

I'd have voted for Blaster Master (esp for the underwater level) over cartoonish yet superplayable Super Mario III.

more than 2 years ago


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