[WSBAPT] Petition for Order to Require PR to post bond

[Richard Wills]

Hmmm --- my experience is a little different, particularly with Comm'r V,
whom I've found to order the posting of Bond pretty liberally, even in a
testacy where the Will waives Bond.  For example: non-resident PR,
non-resident bank or securities accounts, SS as PR with SP & kids of a
prior marriage, any whiff of adversity among the heirs or Bfs, known debt
to DSHS, other known substantial creditors --- or just because he intuits
that it would be appropriate in this probate.  Furthermore, he has as much
as intimated to me that he has ordered an unusually high amount of Bond
(sometimes, hundreds of thousands of $$$) because he doesn't think the
petitioner is the appropriate person to be appointed as the PR & doesn't
think they can post the Bond, so instead of denying the petition, he'll
grant it & then require the PR to post a Bond in an amount that they're
unlikely to be able to post.  I've done my share of Petitions to Appoint
Succ'r PR in those circumstances.

Frankly, I think he's spot on, as I've seen too many probates where Bond
has either been waived or set at a nominal $10,000 & the estate later goes
downhill, with nobody left to charge with any liability, the PR's out of
the jurisdiction or bankrupt, etc.  Having become involved in several of
those (I was involved in one where the PR's attorney effectively
insolvated the estate by transferring hundreds of thousands of $$$ to
Mexico, the attorney was disbarred, & then he declared bankruptcy; that
was years ago, & I'm unaware of any of the funds having been repatriated
to the estate) made me a believer of ordering a Bond, & sometimes in a
substantial amount, when the circumstances of the probate look a little
strange.

As I recall, in my first one of these where Comm'r V required a huge Bond,
he told me that he recently had been presented with an estate (testate
probate with Bond having been waived by both the D & the Court) that had
an over $1 million unpaid tax liability to the IRS, & the PR had already
distributed all of the estate's several millions &, as I recall, had moved
to Canada.  The Court's there to protect widows & orphans & creditors
among others, & requiring a Bond & sometimes in a substantial amount is
part of that protection, even if the testator might have thought
otherwise.

My one gripe re Bond is where I've had a Comm'r (I don't recall Comm'r V
ever having done so) require a Bond in an insolvent testate estate with a
local PR & local assets & where the Will has waived Bond.  Upon objection,
the Court has said "to protect the creditors."  So be it.




On 7/8/2014 1:30 PM, Eric Nelsen wrote:


Tough to do, I think, if NPs were granted by will. RCW
<http://apps.leg.wa.gov/rcw/default.aspx?cite.68.050>  11.68.050. Same
problems with bond in general. RCW
<http://apps.leg.wa.gov/rcw/default.aspx?cite.28&full=true#11.28.185>
11.28.185. Absent some definite proof of actual mishandling or
misappropriation--which likely would result in removal of the PR, not just
a bond--it'd be an uphill battle.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  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 Erin Fairley
Sent: Tuesday, July 08, 2014 1:20 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Petition for Order to Require PR to post bond

 

Beneficiary clients are concerned that non-intervention PR will deplete
assets of the estate prior to inventory report.  Has anyone petitioned to
require PR to post bond to protect assets?  

 

Thank you,

Erin

 

Erin M. Fairley, Attorney

121 Lakeside Avenue, Suite 108
Seattle, WA 98122
mailto:efairley at advocateslg.com
Phone: (206)-535-7929; Cell:  (206) 353-4625
http://www.advocateslg.com <http://www.advocateslg.com/> 


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