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Quote of the Day - Life's pretty good, and why wouldn't it be? I'm a pirate, after all. - Johnny Depp
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'X' Marks The Spot Means More Than Pirate Treasure

It used to be that only pirates uttered the words, "'X' marks the spot!", which was typically followed with a throaty "Arrgh, matey," or another similar guttural expression.  Now, however, Courts are covering the phrase.

Both the pirate and court version lead to treasure, but treasures of vastly different kinds.  The Court's version isn't the fanciful pirate treasure we've seen in movies, it's the outcome of a probate estate.  Let's get to the actual story.  It seems that just before she died, Josephine Torres executed a power of attorney with - no surprise here - an "X" instead of her signed name or initials.  The son who received the power of attorney deeded her house to himself. 

The other son, who didn't receive the treasure, er, excuse me, inheritance, challenged the power of attorney given the "X" as a signature.  Although the court's opinion makes it appear as a close call, it really isn't.  According to the court, an "X" or mark is typically legally sufficient for legal documents in California, especially here where the mark was made before a notary public. 

Is it a good idea?  Definitely not, and not something MIPTC would ever recommend, even if a court approved it.  When they say put your "John Hancock" on the dotted line, it's a good idea to put your full signature.

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Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Thursday, January 19, 2006 at 17:26 Comments Closed (0) |
 
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