Probate PR Bond

South Carolina is my state

My grandfather recently passed away leaving most of his estate to my mother "his daughter" and her sister "also his daughter".

MY Grandfather named my Aunt's husband as PR and stated that "no bond should need to be taken out". However my grandfather also did not know "nor did we until recently" that My Aunt's husband was disbarred from the practice of law because of numerous offenses INCLUDING misappropriation of client's fund from a trust fund that he controlled.

My mother decided to demand a bond.

Two questions..

Since she has a 50% interest in the estate doesn't she still have the right to demand a bond "even though the Will states one shouldn't be needed".

Would he have to pay for the Bond and then after the will is settled charge the estate for the bond cost?

You can petition the court and it may, in equity, require a bond. However, it is not likely one would be required under the facts you've laid out.

forgive me if I am completely misunderstanding the way that SC law reads but are you saying that my Mother "who has a 50% interest in the Estate" has little standing to demand a bond in this case?

I though I had read some literature and case law to the contrary but I could very well have misunderstood .

Thanks in advance

Your mother does have "standing" (as a legal term) to:

petition the court and it may, in equity, require a bond.

Click to expand...

She has no ability to "demand" anything. Also, under the facts you've laid out, I don't think a court will find a bond is required. I don't know that, I just suppose that.

If you explain the reason that you are asking for the bond, along with some type of paperwork that shows his history of misappropriation of client funds (perhaps looking up his name on the state bar association website or on the county courts online records or offender lookup if he has ever been charged with anything), then you are more likely to get your request for bond approved since there is a strong precedent here that he is very irresponsible with other people's money.