Legal Question in Wills and Trusts in Florida

Re: Florida Probate: Why does a judge ask a personnel representative to post a bond, and why would a personnel representative not comply with that order regarding someone's estate? Thank you!


Asked on 5/13/10, 8:11 am

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

If there is a will, normally the will waives the requirement that a PR post a bond. The rationale behind a bond is that a bond is like an insurance policy. The PR has full access to all the assets of the estate. Most PR's are good, honest people. But, what if a PR stole all the assets of the estate? The bonding company promises to pay back the estate if the PR does certain improper acts that cause a loss to the estate. It is an insurance policy protecting the estate assets. If a PR doesn't comply, either their letters of office will not be issued or they can be revoked, if already issued.

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Answered on 5/18/10, 9:08 am


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