Comments for Law and Fiction http://www.lawandfiction.com/blog Welcome to Law and Fiction Wed, 16 May 2012 20:23:03 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on About Books, Crooks & Counselors by Leslie Budewitz http://www.lawandfiction.com/blog/?page_id=42#comment-529 Leslie Budewitz Wed, 16 May 2012 20:23:03 +0000 http://www.lawandfiction.com/blog/?page_id=42#comment-529 John, there is a chapter on wills and estates, and a section addressing survival clauses, e.g., a clause in the will or a provision in state law that says beneficiaries must survive the decedent for a specified period before inheriting. if such a law applies to the father's will, under NC law, then the daughter might not inherit. Her will -- if I understand your scenario correctly -- would be probated under MD law. The partner would not necessarily have to go to NC, but she could, and she certainly would want a local lawyer to fight for her rights. The father's executor (aka administrator or PR, for personal representative -- terms vary by state) is a key player, too -- and the book discusses the PR's role as well. The PR has a lot of discretion and if it's, for ex., another child who resents the dead woman or doesn't want the partner to get dad's money, there's more potential conflict. Bad for the family, good for story! John, there is a chapter on wills and estates, and a section addressing survival clauses, e.g., a clause in the will or a provision in state law that says beneficiaries must survive the decedent for a specified period before inheriting. if such a law applies to the father’s will, under NC law, then the daughter might not inherit. Her will — if I understand your scenario correctly — would be probated under MD law. The partner would not necessarily have to go to NC, but she could, and she certainly would want a local lawyer to fight for her rights. The father’s executor (aka administrator or PR, for personal representative — terms vary by state) is a key player, too — and the book discusses the PR’s role as well. The PR has a lot of discretion and if it’s, for ex., another child who resents the dead woman or doesn’t want the partner to get dad’s money, there’s more potential conflict. Bad for the family, good for story!

]]> Comment on About Books, Crooks & Counselors by John Gordon http://www.lawandfiction.com/blog/?page_id=42#comment-528 John Gordon Wed, 16 May 2012 19:56:08 +0000 http://www.lawandfiction.com/blog/?page_id=42#comment-528 Leslie -- Does your book address issues involved with wills, e.g., can a will take effect as soon as the writer is dead? In my second book, I have an estranged (from his daughter) father die, and the following day, the daughter (visiting NC from Maryland) is murdered. (Both in North Carolina.) Assuming the daughter's partner is named in her will, would she inherit from the dead man? And would she need to come to North Carolina from Maryland (and find a local lawyer) to gain access to the bank account now twice removed from her partner's father? Thanks, John (Guppy and follower of your Guppy posts) Leslie — Does your book address issues involved with wills, e.g., can a will take effect as soon as the writer is dead?
In my second book, I have an estranged (from his daughter) father die, and the following day, the daughter (visiting NC from Maryland) is murdered. (Both in North Carolina.) Assuming the daughter’s partner is named in her will, would she inherit from the dead man? And would she need to come to North Carolina from Maryland (and find a local lawyer) to gain access to the bank account now twice removed from her partner’s father?

Thanks, John (Guppy and follower of your Guppy posts)

]]> Comment on Inside the Supreme Court by Leslie Budewitz http://www.lawandfiction.com/blog/?p=330#comment-527 Leslie Budewitz Wed, 16 May 2012 19:04:37 +0000 http://www.lawandfiction.com/blog/?p=330#comment-527 Oh, yes, Marcia Coyle from the National Law Journal. She's a goddess. (Dare I say I spotted a factual mistake she made? In PPL v. Montana, involving whether power companies owe the state rent for dams located in certain rivers, the interviewer asked where rents had gone before the state made its claims, and she said to the federal government. My firm represented a small power company that settled, and the fact is no rent had been paid at all. I still love her, though!) Oh, yes, Marcia Coyle from the National Law Journal. She’s a goddess. (Dare I say I spotted a factual mistake she made? In PPL v. Montana, involving whether power companies owe the state rent for dams located in certain rivers, the interviewer asked where rents had gone before the state made its claims, and she said to the federal government. My firm represented a small power company that settled, and the fact is no rent had been paid at all. I still love her, though!)

]]> Comment on Inside the Supreme Court by Gloria Alden http://www.lawandfiction.com/blog/?p=330#comment-526 Gloria Alden Wed, 16 May 2012 18:49:32 +0000 http://www.lawandfiction.com/blog/?p=330#comment-526 I always enjoy hearing - Marcia somebody or other, maybe - speak on what's happening at the Supreme Court on the PBS News Hour. She's very informative and interesting. I've been a little upset with some of their decisions, though. I always enjoy hearing – Marcia somebody or other, maybe – speak on what’s happening at the Supreme Court on the PBS News Hour. She’s very informative and interesting. I’ve been a little upset with some of their decisions, though.

]]> Comment on Bidding time — Brenda Novak Auction for Diabetes Research by Danita Moon http://www.lawandfiction.com/blog/?p=370#comment-522 Danita Moon Tue, 15 May 2012 18:40:31 +0000 http://www.lawandfiction.com/blog/?p=370#comment-522 May 27, 2012-It's A Twitter Party!!!! Brenda Novak's Online Auction For Diabetes Research will be having a final Twitter Party on May 27, 2012 at 1:00 PM PST hosted by Julie Rowe from Carina Press and will last until 2:00 PM PST. One lucky tweeter who uses the hashtag #bnda during the hour will receive a $50 Amazon Gift Card. Be sure to follow @bnovakauction to be part of the Twitter Party. More details to follow. May 27, 2012-It’s A Twitter Party!!!!

Brenda Novak’s Online Auction For Diabetes Research will be having a final Twitter Party on May 27, 2012 at 1:00 PM PST hosted by Julie Rowe from Carina Press and will last until 2:00 PM PST. One lucky tweeter who uses the hashtag #bnda during the hour will receive a $50 Amazon Gift Card. Be sure to follow @bnovakauction to be part of the Twitter Party. More details to follow.

]]> Comment on Inside the Supreme Court by Leslie Budewitz http://www.lawandfiction.com/blog/?p=330#comment-521 Leslie Budewitz Tue, 15 May 2012 18:19:05 +0000 http://www.lawandfiction.com/blog/?p=330#comment-521 Oh, I like that, Peg! Another option: a favorite watering hole. (We always see pronghorn at a particular watering spot when we drive by the National Bison Range, not far from here.) Oh, I like that, Peg! Another option: a favorite watering hole. (We always see pronghorn at a particular watering spot when we drive by the National Bison Range, not far from here.)

]]> Comment on Inside the Supreme Court by Peg Brantley http://www.lawandfiction.com/blog/?p=330#comment-520 Peg Brantley Tue, 15 May 2012 18:09:03 +0000 http://www.lawandfiction.com/blog/?p=330#comment-520 I was sure that what the justices had in common with a pronghorm would have to do with careful footing. I didn't consider the mounted option at all. I was sure that what the justices had in common with a pronghorm would have to do with careful footing. I didn’t consider the mounted option at all.

]]> Comment on Characters: The shocking case of the embezzler among us by Leslie Budewitz http://www.lawandfiction.com/blog/?p=349#comment-519 Leslie Budewitz Wed, 09 May 2012 14:09:22 +0000 http://www.lawandfiction.com/blog/?p=349#comment-519 Carly, thanks for your comment. Criminal behavior at the behest or under the influence of another -- a whole nuther topic, and a fascinating one at that. Carly, thanks for your comment. Criminal behavior at the behest or under the influence of another — a whole nuther topic, and a fascinating one at that.

]]> Comment on Characters: The shocking case of the embezzler among us by Carly Carson http://www.lawandfiction.com/blog/?p=349#comment-518 Carly Carson Wed, 09 May 2012 13:32:23 +0000 http://www.lawandfiction.com/blog/?p=349#comment-518 I worked for a financial services company where a young girl who worked in accounting embezzled from the company. It was shocking. The company fired her but did not prosecute. In her case, she apparently did it at the behest of a boyfriend. (which does not excuse her, but she was, per your point, the sweetest girl) I worked for a financial services company where a young girl who worked in accounting embezzled from the company. It was shocking. The company fired her but did not prosecute. In her case, she apparently did it at the behest of a boyfriend. (which does not excuse her, but she was, per your point, the sweetest girl)

]]> Comment on Bidding time — Brenda Novak Auction for Diabetes Research by Danita Moon http://www.lawandfiction.com/blog/?p=370#comment-507 Danita Moon Mon, 07 May 2012 16:36:15 +0000 http://www.lawandfiction.com/blog/?p=370#comment-507 Thank you so much for helping us to spread the word about the auction. My name is Danita and I’m a volunteer on the auction and your help in getting the word out generates more shoppers and visits to the auction website. We have added two new features to this year’s auction. We know that there are some shoppers who are unable to bid on items but do want to contribute to the cause so we have added a store which will allow them to purchase items and the proceeds go towards the auction the link is <a href="http://www.cafepress.com/BrendaNovaksOnlineDiabetesAuction" rel="nofollow">Brenda Novak’s Diabetes Auction Store</a>. We have also added a blog which will have updates of the auction, items that are currently being spotlighted, live chats, and much more. The link to visit is http://bnauctionblog.tumblr.com/. Thank you again for helping us to make a difference. Thank you so much for helping us to spread the word about the auction. My name is Danita and I’m a volunteer on the auction and your help in getting the word out generates more shoppers and visits to the auction website. We have added two new features to this year’s auction. We know that there are some shoppers who are unable to bid on items but do want to contribute to the cause so we have added a store which will allow them to purchase items and the proceeds go towards the auction the link is Brenda Novak’s Diabetes Auction Store. We have also added a blog which will have updates of the auction, items that are currently being spotlighted, live chats, and much more. The link to visit is http://bnauctionblog.tumblr.com/. Thank you again for helping us to make a difference.

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