Legal Question in Wills and Trusts in California
I am doing my mother-in-law's probate, and I need a $20,000 bond,
and I have called about fifteen bonding companies. They told me
that they only issue bonds to an attorney. What options do I have?
3 Answers from Attorneys
Bond companies will typically only issue bonds if you are REPRESENTED by an attorney. The exposure to the company of issuing a bond to an unrepresented party is too much of a risk to them. You either need to hire an attorney or not request independent powers or have all funds placed in a court ordered blocked account. Additionally, if all the beneficiaries waive a bond, the court may not require one.
You should retain a qualified attorney to represent you.
Bond companies only issue Probate Bonds to individuals represented by an attorney. Although the court may not require you to be bond if all beneficiaries waive bond, I have found that typically where an individual is acting in pro per the court will still require a bond even with a waiver. You should retain an attorney to represent you.
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