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What if i cant afford a bond on probate of a prop

San Diego, CA |

I have been billed for a probate bond on my fathers prop. i cannot afford it. what shoud i do?

Attorney Answers 2

Posted

If the Court required you to obtain a bond in order to probate your father's estate, the estate should pay the premium - it is a valid expense of administering the estate. If the estate does not have sufficient funds to pay the premium, then I can think of only 2 choices (1) petition the probate court to require that you hold any probate funds in a "blocked" account until the probate proceeding is finished, or (2) have all of the heirs file a "waiver of bond" and file a petition with the probate court requesting that you no longer be required to have a bond. If you're the sole heir, then you are the only person who needs to request the waiver (and petition the court).

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Posted

Thank you I agree. I will seek to deduct this from the primary probate assets out of state.

Posted

You need to speak directly with an estates attorney to assist you. Your facts are too brief for any assistance and if you have no money this is not really a legal issue.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

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