Legal Question in Business Law in California

Re: Domain and Death

The internet is generally the Wild West when it comes to trying to get a company to do something. However, sometimes a lawyer's letter is sufficient encouragement to get the domain released.

I am sorry to hear about your friend's loss. Good luck with this dilemna.

Re: Domain and Death

I second what my colleague suggests. However, if all else fails and your friend is the closest family member, he could open probate, get himself appointed as administrator without will, and execute a transfer.

Re: Domain and Death

The deceased's property (including the domain name) does not automatically revert to his brother. A probate court must first determine whether there is a will; if, as you say, there is none then the court will apply the rules of intestacy to see which relatives will inherit what portions of his property.

Your brother may be right that he will be deemed the sole heir, but there is no reason a third party like the domain registry should take him at his word on this point. Many people try to take advantage of the confusion surrounding the property of the recently deceased, and the registry can't tell which claims are legitimate and which are not. The last thing it wants is to give the domain to the brother and then get sued by someone else who turns out to be the real heir.

Perhaps your friend can arrange for the domain to be renewed under its current information before it expires, so that it will remain unchanged until the estate is probated. Then, if he is entitled to the property, he will be able to prove his entitlement and the registry will transfer the domain to him.