Probate Bond Issues

Q- I have a case involving incompetent person (ocga 9-11-17) and we have settled case and state court judge is willing to sign consent order approving settlement, avoiding probate, as long as I can get a bond in place. If you have experience getting bonds in place for fairly straight forward issues like this, please call me.

A- I am curious how this bond will work if there is no future court oversight.  Why would a bonding company write such a bond?  I am willing to bet that without a guardianship/conservatorship, it will be very difficult to get a bonding company to write a stand-alone bond.

Q- Would someone be willing to share a motion to tender funds into the registry of the court.  This is regarding a contested probate matter, where the executor is holding estate funds and I want these funds tendered into court until it is decided who the funds belong to.

A- Why not just motion the probate court to order a bond be posted or in the alternative ask that a temporary administrator be appointed to secure the funds.

Q- The will specifically states that no bond is required.  Do you have a motion to appoint a temporary administrator?

A-Yes to appoint a temporary and the court can override the will and require a bond.

Q- I have a call where a guardian/conservator for an incapacitated adult was replaced by Probate Court with County Attorney.  She has a problem with bonding company making a claim for three years of unnecessary bond.  After guardian/conservator was replaced, bonding company contacted her.  She advised bonding company on the phone that she was no longer involved with guardianship and gave them the name of the new court appointed Conservator.  She has not heard from bonding company or new conservator until now.  Bonding company wants to be paid for three years. If probate court appoints a County Attorney to be conservator for an incapacitated adult replacing family member Guardian/Conservator, does the new Conservator have a duty to Petition the court to have the prior non-attorney/guardian/conservator discharged? If not who has the duty? And finally, who has duty to notify bonding company for prior Guardian/Conservator that bond is no longer needed? Any other thoughts or suggestions would be helpful as this is outside of my practice area.  This is for a friend of the family.

A- If probate court appoints a County Attorney to be conservator for an incapacitated adult replacing family member Guardian/Conservator, does the new Conservator have a duty to Petition the court to have the prior non-attorney/guardian/conservator discharged?   WHEN A NEW CONSERVATOR TAKES OVER, THE OLD CONSERVATOR HAS TO FILE A PETITION FOR DISCHARGE AND TURN ALL PROPERTY OVER TO THE NEW CONSERVATOR. If not who has the duty? And finally, who has duty to notify bonding company for prior Guardian/Conservator that bond is no longer needed?  THE BONDED PERSON HAS A DUTY TO KEEP THE BONDING COMPANY INFORMED OF CHANGES IN THE CASE. Did your friend turn the property over to the new conservator?  If so, the new conservator should have obtained a bond.  If you can show the old conservator’s bonding company the bond that existed with the new conservator, she should be able to get her premium back.

Q- I settled a case for a minor and need a bond for the guardian to post with the probate court.  If nobody knows a company that still floats these bonds, please post to the list serve, because I’ve had two agents tell me that their companies no longer float these kinds of bonds anymore.  Supposedly, they’re “too risky.”

A-Bill Oliver with Nationwide Insurance in Lilburn has been very successful helping me secure bonds. 770-978-9470. Tell him I sent you.