Legal Question in Wills and Trusts in California
I am a beneficiary to small estate. Brother send a letter for us to sign . It is a waiver of bond and appointment to be administerator. Does this mean if all the siblings sign we waive our right for him to keep records of accounting and how the monies are spent?? I dont 100 percent trust that he will divide the money equally. Also does he have to get all the signatures for it to be valid. I know 1 sister who refuses to sign this waiver.
2 Answers from Attorneys
Waiver of bond is different from waiver of accounting. You will probably get a request from him to sign a waiver of accounting as well, when it is close to settling the probate. Up to judge to decide, but usually yes, you need consent from all beneficiaries, for waiver of bond.
No, it's waiving the requirement for him to carry a bond--the bond would pay the beneficiaries for any losses due to your brother's taking the estate money or losing it, and is an expense of the estate. If you have your doubts about him, you may not want to waive the requirement--I've seen bonds pay out, including into the millions of dollars, so it can be money well spent.
Separately, he will have to provide an accounting to show what assets were and are in the estate, the income of the estate and the expenses of the estate. You can waive this separately, usually toward the end of the probate process, but you certainly don't have to.
For the bond and the accounting, all beneficiaries would usually have to consent to waive it, so if your sister is holding out, he'll likely have to get the bond and do the accounting, and both protect you.