[WSBAPT] Court waiving bond? --- Bond Denied?

[Richard Wills]

I've had numbers of probates in King with only D's home.  Without a Bond
waiver, the Court has uniformly for me ordered a $10K bond & the insertion
in the Order Appointing that the net proceeds of sale of the home shall be
deposited [either in a blocked account or in the Court Registry, and as
the years have passed, it's been less in a blocked account & more in the
Court Registry].  This presumes that the probate is opened soon after
death, as the Court often asks about DSHS liability, & if the two-year
claims period hasn't run, a Bond will be an almost certainty, at least for
me.  Lincoln County, here we come!  If it's any consolation, my
experience in Pierce is worse, where I've had the Court order Bond in the
amount of the value of the home even with a Bond waiver.



On 8/19/2014 10:34 AM, Josh Grant wrote:


When there is only real estate involved I just mention that fact and that
the heirs are all in agreement to waive bond, I produce a written waiver
of bond from all and out here in the sticks, the court has no problem in
waiving the bond.  The only thing that could possibly happen is that a
bunch of creditors turn up and with real property hard and/or slow to
sell, the idea of needing a bond is a little silly.  In the unlikely
event there are any creditors, they would be paid from the proceeds of the
real estate, and in that event, you could turn it into an intervention
estate.  Maybe filing probates in Lincoln County is the answer.
 
Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

 
From: Eric Nelsen <mailto:Eric at sayrelawoffices.com>  
Sent: Tuesday, August 19, 2014 9:59 AM
To: wsbapt at lists.wsbarppt.com 
Subject: RE: [WSBAPT] Court waiving bond? --- Bond Denied?
 

Richard – on the "Limited PR" – I have done something similar for
no-asset estates that were opened only to investigate potential personal
injury survivorship and wrongful death actions. In lieu of bond, the
attorney files a declaration indicating that all settlement proceeds (if
any) will be processed through the attorney's IOLTA account and
distributed directly to the beneficiaries.

 

Because the estates in these cases generally have no other assets other
than perhaps some personal effects of nominal value and maybe a bank
account with a few hundred dollars in it, the PR's opportunity to
mishandle assets is minimal. Under those circumstances, in King County, I
have not had trouble getting bond waived.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WAÂ  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Tuesday, August 19, 2014 8:12 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Court waiving bond? --- Bond Denied?

 

I'd like to mention several alternatives available if the Court orders
Bond for a PR who is not bondable --- needless to say, I've had my share
of them.

1.  Cash Bond:  Depositing cash in the amount of the Bond into the Court
Registry.  This won't work for many unbondable clients, but amazingly,
I've had a number of them who can scrape up $10,000 from family members.Â
The $10K stays in the Court until the probate closes, & then you have to
move the Court for an Order releasing the cash.

2.  Limited PR:  I've never seen this done elsewhere; it was my own
invention.  I move the Court to appoint my client as the General PR to
handle everything except the money & me as a Limited PR to handle only the
money, for example, D's & now the estate's bank account, & with an order
that all proceeds of estate asset sales are to be deposited into the Court
Registry & with me to obtain the Bond, typically, $10K although
occasionally more.  I get the Bond & become the estate's banker.  I've
done this several times without problems from either the Court, the
bonding company, or the client --- & it keeps my client running the show
except for $$$ issues.

3.  Lastly, although I don't recall its name, a CA client of mine found a
bonding company in LA that I've repeatedly used when the local bonding
companies I used (ie, Spino & Griffin Maclean) decline, & this bonding
company appears to be willing to bond just about anybody --- I can't
recall its ever turning down any of my more marginal clients (although
their typical $10K Bond costs more than the $100 charged by Spino etc.).



On 8/18/2014 2:02 PM, Bryce Dille wrote:

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author and do not necessarily have the endorsement of the Washington State
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