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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4692
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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why would a privet guardian bond a living trust when there

Resolved Question:

why would a privet guardian bond a living trust when there is minimum debit, and it is written in the will no bond required
Submitted: 1 year ago.
Category: Estate Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer.

It will be my pleasure to assist you - I just want to make sure I am understanding your question correctly. Are you asking why a court would order an executor/successor trustee of a trust to take out a bond even though the trust/Will says no bond is required?
Customer: replied 1 year ago.


cost me 10K and the Public guardian bonded the trust and kept reducing the bond each year as the amount of the estate dropped. it cost 224,220.00 for the six years mom was alive. I want that money back. moms debit was less than 15K THE FIRST BOND WAS FOR 800k


 


helpScott

Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply.

I'm going to opt out and open this question up to my fellow experts to see if any of them can assist you. Please do not reply to this message as the system will only send the question back to me to answer, and it could delay your question being picked up by another expert.

Customer: replied 1 year ago.


the first year the deb it may have been 15K the bond was for 800K WHEN MOM DIED 6 YEARS LATER THE BOND VALUE WAS LESS BUT COST 224,220.00 THROUGH OUT THE SIX YEARS

Expert:  Irwin Law replied 1 year ago.

Hello. Another contributor here. I have a few questions. How long ago did all this take place? Did anyone ever bring this bond cost to the attention of the court? Were there any attorneys involved representing the trust? The beneficiaries?

Customer: replied 1 year ago.

Hi my name isXXXXX i am the only beneficary to my parents estate. You need more info, this may be more than what you need but im going to try and paint a picture what went on from 2004 to


the presant. My original question was WHY SHOULD A PRIVET GUARDIAN BOND A LIVING TRUST WHEN THE LAWYER THAT WROTE THE TRUST, LOUIS P SANCHEZ FROM AARP. Stated by my mothers request that there


shall be no bond needed for this trust its signed and noterized. Back in 2004 my father was diagnosed with Demintia, he was cpombattive agressive. He had pushed my mother down a few times. The


last time he pushed her down my neighbor called me when i was on the weay to Atherton to umpire a High School fast pitch softball game. I spun around and took her to the hospital. The neighbors


were taking bets to see hnow long it took me to crack. I did, i wil explain later. I put my dad in the Hillsdale Manner in Dec. of 04 and my mother took a fall in April of 05.S to the hospoital,


she broke i asked how much and he replied 6K. I told him i would look into it. any way i put my dad in thr Hillsadale Manner in Dec. of 04. he passed in Dec. of 08. my mother took a fall in the


bath tub in Arpil 0f 05, she went by ambelance to the hospital and was diagonoised with Pneumonia and Dementia. The hospital let me take her home for a little wile but i was remodeling the house


for her and all she did was cough and ask where her house was. I told her she was in not and she insisted we were in Fargo N.D. I took her back to the hospital , explained what was going on. They


deemed her incompentant to make rational decisions. and wanted me to exacutye the power of attorney, so i did. The hospital moved her to a home against my wishes. I wanted her to be with my dad.


This home fed her 0.05mg Valium for aggatation. Thats a no no accoring to my fathers doctor. Elderly people can only take a small dose of Atavan it is the weakest drug in that benzo class. The


director of the Hillsdale Manner told me i was behind on playment, i said i would look into it. Well i found a reciept for 6K in his writing CASH, i brought that receipt into his office and gave


it to him. I may be little burnt , but i remember his jaw hitting his desk, I asked "what are you skimming off the top with cash payments"? He must not have liked what i said, next thing i know


the County is involved with my mom.This woman social worker set up a date to meet and interview my mom with me presant. I went to the appointment , it was videoed. My daughter called from school


sick as hell and wanted me to come get her. i asked my kid if she could wait an hour ,she said no and so did the school nurse.Now i asked the social worker if we can re scheadule she said no. Mom


full of Valium and me not there im not doing my job right and the county wanted to take over, I retained a lawyer to help me keep the power of attorney. the retainer started at 1,500.00 dollars,


then my lawyer wanted a nothern 3K so i gave it to him. then he manted another 6K , i told him to stick it. He did get me a privet guaqdian and she took over . She didnt bond the first year


accounting, but she did bond the2nd for the amount of 74,460.00. Then she bonded the 3rd year for the amount of 63,348.12. then the 4th year was bonded for the amount of 44,224.10 Then she bonded


the 5th year for the amopunt of 43,512.71. Then the 6th accounting for the year was the bond ammount for 38,192.67 She did not bond the 7 accounting year she had the money for al most 15 months


before i saw any of it. she still had 335,000.00 in her care and control. MY next question is why??? did nshe not bond that because she didnt care if itn was lost or stolen she did hjer job took


care of my parents. the hell with the kid.


Hlep me with some advice please iI WANT TO KNOW IF I C ANRECOV ER SOME OF THE MONEY SHE WSTED ON BONING THE TRUST PLEASE HELP!!!!!


Thank you,


Scott T Belknap Cell phone XXX-XXX-XXXX call anytime if you need to speak tpo me



Customer: replied 1 year ago.

also I forgot to tell you I think her wax amount owed was under 15K on credit cards ant the estate was worth 900,000.00

Expert:  Irwin Law replied 1 year ago.

Thanks for the interesting history Scott. I might not have a correct picture of the bonding situation in the guardianship proceeding. If the guardian was bonded for those reducing amounts, then those probably represented just the income to the guardian for which she was responsible for spending for your mother's care. Those would not have been bond premiums. Surety bond premiums are not based on the amount of the person's debts. Also they are insurance premiums and they are not refundable once paid. I don't believe that they would have been anything close to $224k over six years. That's $37k per year. The amounts you show being bonded shouldn't have cost more than $1,000 - $1,500 per year for a civil surety bond(at least where I come from, $500k would be $2,500. Do the math.). Anyway, that's what I can deduce from the information you have provided here. You should have a good probate attorney review the guardianship accounting records and explain exactly what happened. I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4692
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 2 other Estate Law Specialists are ready to help you

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