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  1. #1
    chelee is offline Junior Member
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    Will says serve WITHOUT bond..getting mixed messages.

    What is the name of your state (CA)
    My Mother passed away and the will named my Aunt the executor. My Aunt is in her 80's and declined to serve and nominated me to take her place.My question is when my Dad had this will drawn up in the 60's...depending on who died first...anyone that was named in the will as executor would of had the bond waived. (All family members)

    Now the petition for court is to name me as administator and the papers the attorney had me sign says to serve "without" bond. The paper my Aunt signed that nominates me as petitioner also says if I serve its without bond. (Also my first meeting with the attorney said I did NOT need a bond.) She made that REALLY clear! (My brother has been living in the house and is angry at me because I'm nominated) He doesn't want to move out.

    But after all this NOW the attorneys paralegal sends me a paper saying I need have to have a bond...the court will order one. Its in the will to waive bond...it's in my Aunts paper work to waive bond...the attorney told me face to face bond was NOT necessary...so WHY now? I called an asked the paralegal why it's so important all of a sudden and she said even though the will waives it bond... it waived it for my aunt and not me directly. And she said she just wants me to sign the paper in case the courts do want me to pay a bond. (That's alot of money I don't have especially if the will says NO bond.) But my attorneys office is saying that these days the courts are really fussy about bonds even if they are waived in the wills. (I find that hard to believe.) (Sounds like someone is throwing money to the bond companies for points.) The only thing involved in my Mothers estate is her house...no other property, cars, etc to fight over. Just a house that won't sell for much. Why are they pushing this bond paper so hard when the attorney herself said at my first appt I would be able to serve without a bond? Any replies or help will be appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    justalayman is offline Senior Member
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    I presume you read the will, right?

    .My question is when my Dad had this will drawn up in the 60's...depending on who died first...anyone that was named in the will as executor would of had the bond waived. (All family members
    )but this isn't your dad's will.

    Did your mothers will simply name your aunt as exec and state she would not need a bond? or did it state that any family member that served as exec would not be required to have a bond?

    You aunt does not have the power to release you from any requirement for a bond as she does not have any power to do anything. She declined to accept the appointment as exec.
  3. #3
    chelee is offline Junior Member
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    Your correct...this is my Mother's will and I have read it. It says I hereby nominate and appoint as executor hereof my husband (Dads name), without bond. In the event my husband shall refuse, or for any reason fail to act, then I hearby nominate and appoint (Aunts name here) as executrix, to act without bond.

    My Dad failed to act because obviously he died yrs ago.

    I still do not understand why I was told from day one bond would NOT be required? It wasn't till the last minute they called to tell me these days the courts will request bond many times even when the will waives it. The paper my attorney had my Aunt sign so that I could be nominated says "I hereby nominate (My name here) to serve as Administratrix with Will Annexed of the Estate of (My Mothers name), and I request that the Court appoint her to serve without bond, as authorized by the Will.

    So it just comes down to what the Courts decide to do since I wasn't the orignal Executor from what your saying? My attorney should of never told me 15 times bond would be waived when it's possible I will have to come up with the money. I read some where online if the WILL waives bond and its a family member as the executor bond is usually not required. And if it is...you don't have to pay until the Estate is finished? Not sure how true that is? Thanks for your reply. Much appreciated!
  4. #4
    justalayman is offline Senior Member
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    In the event my husband shall refuse, or for any reason fail to act, then I hearby nominate and appoint (Aunts name here) as executrix, to act without bond.
    so there was two people nominated, by name, and each of them were excused from the requirement of providing a bond. Since there was no such release for any other parties, it would not be applicable to anybody else.

    You can request a waiver of the requirement though.



    I still do not understand why I was told from day one bond would NOT be required? It wasn't till the last minute they called to tell me these days the courts will request bond many times even when the will waives it.
    did they read the actual will prior to stating you wouldn't need a bond? If so, as you notice, in your explanation here, it could have been misunderstood by the lawyer. If they had read it, you would have to ask them why they first believed you would not have to have a bond.

    The paper my attorney had my Aunt sign so that I could be nominated says "I hereby nominate (My name here) to serve as Administratrix with Will Annexed of the Estate of (My Mothers name), and I request that the Court appoint her to serve without bond, as authorized by the Will.
    but the will did not authorize you to serve without a bond. I suspect the intent of the nomination was simply to notify the courts your aunt did not intend on exercising her nomination. Since she did not accept the nomination, she had no power to do anything with the estate or will.

    So it just comes down to what the Courts decide to do since I wasn't the orignal Executor from what your saying?
    yes but you can request a waiver.

    And if it is...you don't have to pay until the Estate is finished? Not sure how true that is? Thanks for your reply. Much appreciated!
    it would make no sense to wait to pay the bond. A bond is essentially an insurance policy. Once probate is closed, there is no need to buy a bond and if there was a claim against the bond, there would be no company that would sell you a bond.
  5. #5
    chelee is offline Junior Member
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    You broke that down very nicely and it cleared things up for me which I so appreciate you taking the time to do. As to my attorney...she DID read the Will and did know what it said and the way it was worded.

    My my court hearing was delayed because I would not sign the petition as the paralegal asked me too. I don't like the way its worded...I told her things needed changed first. So instead of talking to this paralegal all the time I have "face to face" appt with my attorney. She knows what was said at our first meeting. (I want to ask her why she said that and mislead me.) The only thing she added that day that might be a reason to have a bond is because she knew after hearing from me my brother was going to cause alot of problems. (And it now looks like she is right about that.)

    But I don't like the way the paralegal worded the petition to the courts-- saying the bond was to be waived...but the petitionier (Me) requested a bond for the amount of $350.000 be set. (Something like that?) I did "not" request a bond be set...and I want her to tell me why the petition to the courts says that? Then it goes into it will be hardship for me since I'm battling cancer which is true. It also states it will be a hardship for my brother which is NOT true since he has been living in the house FREE for the last 3 yrs since my Mother passed away. (Which I found out he WILL be charged rent for those 3 yrs...that makes me feel a little better.) He has been the only one that has benefitted from the house since she died. Her house was paid off...no bills other then small utilitys bills...unlike me and my husband paying a mortage and our medical insurance which breaks us each month! My brother is over their living high off the hog and even moved his girlfriend in withhout telling me. (That TICKED me off big time!) They have two incomes, no mortagage, can afford to retain an attorney...yet say they can't pay the bond and expect me too. What a greedy jerk my brother turned into.

    When I meet with my attorney next month I will request a waiver of the bond like you mentioned and insist that the petition to the courts be re-worded. There is no mention as to why it would be hard for my brother to pay bond? He makes good money...so does his live in girl friend...plus two mobile homes she rents out NOW that my brother moved her in to MY Mothers estate. (I keep telling him he shouldn't of even been there...that isn't our house...its moms estate till probate is finished.) Me and my husband would be doing great if we didn't have a mortagage like them...yet he refuses to waive the bond for me...and he won't pay it himself. And YOUR right...I wasn't thinking at all...it would make NO sense for a bond company to let me pay when its done. If I don't pay...I wouldn't be bonded. I'm so angry I wasn't thinking obviously. Thanks for clarifying that too. I hope the courts waive the bond for me...we will see. Thanks a million times over for your time and trouble.

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