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)?