Suing An Estate Executor Without Bond In Oakland
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An executor of a deceased person's estate without bond is a person who has the authority to fulfill the obligations of a deceased's will. This position does not require a court appointment and can be fulfilled by next of kin, other close family member, or anyone else named in the will.
Definition of No Bond When a judge announces no bond, the defendant isn't eligible for release from county jail through bail as the judge has not set a bail amount. Instead, the arrested person has to remain in custody until the case concludes or a judge potentially sets bail at a later hearing.
If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for “breach of fiduciary duty”. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
While each state is different, California generally requires your personal representative to be bonded. The only exceptions are when the testator's will expressly waives the requirement (and the court permits this to happen) or all the beneficiaries will agree in writing to waive the bond requirement.
When an executor is permitted to serve "without bond," it means that the court has waived the requirement for the executor to obtain a bond. This typically occurs when the will specifically states that the executor should serve without bond or when all the beneficiaries agree to waive the bond requirement.
In California, you must post a probate bond before you can begin your duties as personal representative of an estate. The court will require you to post a bond unless the will waives the bond requirement or all of the beneficiaries agree to waive the bond.
Maintaining the trust accounting, keeping a record of all deposits, expenses, and transfers from the trust (even if they are to or for the benefit of your loved one). Managing the affairs and expenses of the estate, including paying debts, filing tax returns, and distributing assets.
In California, an executor, also known as a personal representative, generally has one year from their appointment date to complete probate. However, if a federal estate tax is filed, this timeline extends to 18 months.
The executive bond is unique in a specific legal form. The executive document is one of the orders that must be executed by the debtor. The executive document is conclusive evidence of compulsory execution from the competent authority, which is the judiciary, without referring to any other evidence.
