Posted on 11/05/2015 8:41:48 AM PST by hoagy62
A court reportedly requires proof that the 'Crocodile Hunter', who was killed by a stingray barb in 2006, will give up his right to the 17-year-old's earnings...
Bindi Irwin will reportedly be prevented from claiming her Dancing with the Stars pay by a judge who is demanding proof that her 'Crocodile Hunter' father Steve Irwin is dead.
Australian Bindi is 17 and so signed a minor's contract with the ABC show, which requires her parents to agree to give up their rights to her earnings, which at present stand at $230k.
Mother Terri has done so - but a judge at the LA Superior Court has ruled that without the same from Steve 'the court is unable to find that it is in the best interest of the minor to be bound by the terms of the contract', according to TMZ.
Animal lover Steve was killed by a stringray barb in 2006 when Bindi was just eight years of age.
(Excerpt) Read more at mirror.co.uk ...
I don't care if this judge has an R or a D behind their name, this is just inexcusable.
Seems like an official death certificate would do the trick.
Did they assume the judge watched TV?
Produce a death certificate and be done with it.
If his family even conceivably faked his death, disappearing for 9 years would be enough to declare him dead.
But what does the judge want? A death certificate? Autopsy report?
While this seems idiotic, how hard can it be to submit a copy of the death certificate?
It seems silly on the surface, but it is also possible that the judge had never heard of Steve Irwin (a minor celebrity in his day) or did not make the connection to Bindi.
Also, it might be routine to require proof that the parent signing either has full custody or is the only surviving parent.
Crikey, that’ll leave a mahk! LOL! Some thought an actual ‘official’ birth certificate would do in another situation. Sadly, bindi has fallen in to the eco wacko erf just-us warrior catalog.
Send the judge the video.
I’m with the judge. Just because her father was famous doesn’t mean she gets to forego the administrative rules. Give him a copy of the death certificate and be done with it. She’s no more special under the law than anyone else.
The more troubling part of the story is that apparently just because she is a minor the details of Bindi’s contract became public record. It is nobody’s business what she is paid.
An idiot with a degree
I never watch that or those programs.
Bad headline. For this kind of situation you do need to present a death certificate, that’s proof that the person who could possibly lay claim to the earnings not only can’t but also can’t sign the waiver.
It’s a paperwork based world. Which causes a lot of insensitive things to happen, but the i’s must be dotted and the t’s crossed.
It may be a legal provision and the judge is just following protocol. Comes with the territory of being a judge, but I never understood why so many people liked that guy. I thought he was a nutter, as an Aussie might say! Anyone who would needlessly endanger a child with a wild animal sets my scorn.
Sounds like poor lawyering. It takes a bit of work to prove up a foreign official document, but it isn’t complicated. There are also procedures for requesting a court take judicial notice. Third option would be to file a request for admission on the opposing party, and if they didn’t admit it, go back to option one, and demand that they pay the costs once you prove up the death.
“Everybody knows it” is lazy lawyering, and ends up with this result.
That raises additional questions.
Was there a probate action?
Was a guardian appointed?
Are there third party claims to the money?
Since only one parent died no need for a guardian. And really nothing else applies. It’s just one of those things that comes with minors earning money, especially in a contract situation. Since they’re minors they can’t technically sign contracts, so somebody needs to sign on their behalf, but given what happened to the child stars of yore there are safeguards in place to keep the person who signs on their behalf from spending the money. Really I’m surprised they didn’t see this coming, it’s not the first time she’s performed in public since he died, and those would probably be paying gigs. Maybe those gigs paid the foundation so they didn’t need to worry about it.
I think the situation here is that California requires protection for the child by both parents, and anyone else who claims guardianship of the child (like a step-parent) sign a release form.
In most of the world, indicating that one of the intended signers is deceased would be enough, but California probably requires an official certification of death.
But this was still handled in a ridiculous manner. All the judge had to say was “We’re all set. Just need to have the death certificate sent to us for the father and we have no problems.” rather than “You need to prove he’s dead.”
Bindi dances beautifully. A pretty and talented girl. A chip off the old block (watch the video at link).
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