Both of my parents have passed within 3 weeks of each other. We have been to a Probate Attorney and it seems that we will have to liquidate their personal items in order to satisfy their debt. My Uncle seems that seeing how both my parents have had "to preform without bond" in their wills that this phrase saves their personal items and will not have to liquidate them.
Criminal Defense Attorney
I am sorry to hear of your loss, especially given that it happened back to back. "To perform without bond" simply means that whoever was made your parents' executor (AKA personal representative) in their will does not have to put up a bond to carry out their duties. Under ARS 14-3603 one who executes an estate has to essentially post a bond to insure that they will properly distribute the estate and therefore, if they do not, those who are named beneficiaries can get at the bond that was put up. However in most cases, like your parents', bond is not required if it has been expressly waived in the will.
8 lawyers agree
Attorney Barber has provided you with solid advice. Typically, bond is waived by a testator or testatrix when a very trusted family member or friend is going to serve as the fiduciary. By waiving bond, the estate saves the premiums which would otherwise have to be paid to a company which sells probate bonds.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
Wills and Living Wills Lawyer
"Perform without bond" is standard legal language, inserted by most attorneys in wills, to show the court that the decedent did not want the Personal Representative (and therefore the estate) to have to post a bond in order to be appointed by the court. Judges sometimes ignore this language and require a bond anyway - but either way posting or not posting bond does not affect the payment of creditors as an obligation of the estate. Your uncle is not correct. You should rely on the probate attorney you choose to guide you through the process.
The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.
Estate Planning Attorney
To actually answer your question, without reading the entire will and reviewing the other relevant documents, nobody would be able to definitively explain your uncle's position or the advice you receive from another attorney. That said, the fact that the bond requirement of an executor in a will has NOTHING to do with whether or not personal property is subject to creditor claims. What DOES matter is whether and to what extent the property is "exempt" from creditors under the statute; what other property is available to pay the claims; what discretion (if any) is given to the executor to select property to be sold to pay claims; and the other terms of the will (eg, is the personal property specifically gifted in the will or is it part of the residuary estate?)
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