Bizarre Judicial Ruling of the Day

[TheVillageChicken]

Bindi Irwin 'to be refused $230k Dancing With The Stars pay as judge demands proof father Steve is dead. (http://www.mirror.co.uk/tv/tv-news/bindiirwin-to-refused-230k-dancing-6774812)

[outahere]

I didn't see it in the linked story, but I have to wonder how this matter ended up in court?

[TheVillageChicken]

I didn't see it in the linked story, but I have to wonder how this matter ended up in court?

A contract with a minor must be court approved.

[outahere]

A contract with a minor must be court approved.

Thanks, I didn't know that.

[Taltarzac725]

Bindi (http://www.mirror.co.uk/tv/tv-news/bindiirwin-to-refused-230k-dancing-6774812)

The idiocy of some judges and lawyers never stops to amaze me.

[dbussone]

Bindi (http://www.mirror.co.uk/tv/tv-news/bindiirwin-to-refused-230k-dancing-6774812)

The idiocy of some judges and lawyers never stops to amaze me.

I agree. This is ridiculous. Perhaps his constituents should require that the judge prove he has a brain. (not intended to be a joke)

[John_W]

Isn't that what death certificates are for? To legally prove someone is dead, I'm sure they must issue those in Australia as well.

[redwitch]

It may have been poorly phrased by the judge, but California law does require that the administor of an estate involving a minor must approve any contract, not just the guardian of the minor.

[Taltarzac725]

It may have been poorly phrased by the judge, but California law does require that the administor of an estate involving a minor must approve any contract, not just the guardian of the minor.

That makes sense except that would that not require that whoever is the administrator of the estate of Steve Irwin would know I hope that he was actually dead?

[blueash]

My reading is that the parents must sign off on a minor's contract. So mom has signed off and now dad must also. The court cannot use news reports or common knowledge. So produce the death certificate and its done. Really not a big deal. Can't have special rules for famous people, dot the i's and cross the t's and it will be a non-issue like any other contract.

[bagboy]

My reading is that the parents must sign off on a minor's contract. So mom has signed off and now dad must also. The court cannot use news reports or common knowledge. So produce the death certificate and its done. Really not a big deal. Can't have special rules for famous people, dot the i's and cross the t's and it will be a non-issue like any other contract.

I think you are right. Should simply be getting the proper documentation filed with the court because the issue does involve a minor.

[Taltarzac725]

My reading is that the parents must sign off on a minor's contract. So mom has signed off and now dad must also. The court cannot use news reports or common knowledge. So produce the death certificate and its done. Really not a big deal. Can't have special rules for famous people, dot the i's and cross the t's and it will be a non-issue like any other contract.

I have not taken a Wills and Trusts course since 1987 or so, but expect that if there is an administrator of the Steve Irwin Estate then that pretty much shows that the Country of Australia has determined that he is dead.

The lack of common sense in law often amuses me to no end. And the rich and famous usually can hire the best lawyers so they do often get special treatment.

[NotFromAroundHere]

Just because you are the administrator of an estate doesn't mean that you don't have to produce a death certificate. An insurance company wouldn't pay out a death benefit to an administrator without a death certificate. Nor would anyone expect them to.

[Taltarzac725]

Just because you are the administrator of an estate doesn't mean that you don't have to produce a death certificate. An insurance company wouldn't pay out a death benefit to an administrator without a death certificate. Nor would anyone expect them to.

Would there not already be a death certificate if there were an Administrator of an Estate? Maybe the problem is that the Irwin lawyer in Australia or wherever is not on the ball for the business dealings of Steve Irwin's daughter Bindy. I still see part of this case as ludicrous. Has not the Judge in question heard of international registered mail or something like that rather than issuing a ruling that kind of makes judges and the law itself look like they are in La-La Land?

We did talk about issues like this while I was a law student at the University of Minnesota. Some law professors loved to dwell on the arcane Byzantine aspects of the law. The love of technicalities which seems to be the bread and butter of the very wealthy law firm partners and like. Other law professors and law students though looked more to actually make access to law more democratic which would I hope do away with some legal fictions that often date from hundreds of years in the past. Facebook and the internet though have really made the law much more accessible than it ever was.

If anyone who had practiced estate law in California would like to add their views I would love to know why the judge actually made this ruling?? Some CA caselaw? CA Statutes in this area? Findlaw might have something about this matter as well.