Legal Question in Wills and Trusts in California
Does an incorporated law firm that is doing probate and trust work for an elderly woman with alzhimers have to have a surety bond to do that kind of case in california?
2 Answers from Attorneys
Unless waived by the trustor [person who creates the documents], anyone administrating an estate or trust must have a bond. There is no requirement for a bond to set up the trust or Will, merely to administrator it. Once the person who creates it dies, then a bond would be required. Once the person lacks the mental capacity to understand what they are doing, they can no longer authorize any such documents.
I agree with Mr. Shers, there is no bond requirement for doing estate planning work. If I were in the firm, I'd be much more concerned about doing estate planning work for someone of questionable mental capacity.