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-   -   Why be bonded to be appointed executor of an estate (https://www.askmehelpdesk.com/showthread.php?t=598627)

  • Sep 24, 2011, 06:39 AM
    tony_h
    Why be bonded to be appointed executor of an estate
    My mother died with no will.she wanted my nephew to have her home.I was told by county clerk that I had to be bonded to be appointed executor of her estate.what would this mean legally.we I only be bonded for matters pretaining to mothers home?

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  • Sep 24, 2011, 06:43 AM
    Fr_Chuck
    Yes, you will be bonded, so that if you do not do the duties properly and give out property ( not by the wishes of your mother verbally) but by the laws of the state.

    I am sorry but she left no will, so the nephew is not the one to inherit the house, who ever does legally inherit it, can give it to the nephew if they want, but you and any other children will be the first in line, and property and money would be divided between them.
  • Sep 24, 2011, 06:57 AM
    ScottGem
    Bonding protects the estate from malfeasance on your part. It can be limited only to your actions as executor. If it's a requirement of your state, then yes you have be bonded.

    Chuck is also correct about the distribution of the estate. It has to be distributed according to the laws of inheritance in your area.
  • Sep 24, 2011, 08:20 AM
    AK lawyer
    Quote:

    Originally Posted by tony_h View Post
    ... I was told by county clerk that I had to be bonded to be appointed executor of her estate.what would this mean legally.we I only be bonded for matters pretaining to mothers home?

    /

    It might be possible to get the court to waive the bond requirement in certain circumstances. Check the probate statutes in your state.
  • Sep 24, 2011, 08:35 AM
    AK lawyer
    Quote:

    Originally Posted by tony_h View Post
    My mother died with no will.she wanted my nephew to have her home. ...

    A will would have been the mechanism by which she would have expressed her desire to leave the home to him. Without one, the law presumes that she wanted it to go to the person or persons determined by the "intestacy" statute in your jurisdiction. Typically, this would, assuming she left no parents or husband behind, be her siblings, the children of the siblings that predeceased her, etc. Is your nephew (her grandson) one of those, (his parent who was your sibling having died)?

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