How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40065
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

Mn law - i am a descendent, heir and creditor. A family

Customer Question

Mn law - i am a descendent, heir and creditor. A family estate was taken and spent inappropriately. The Estate representative has the estate and is using the Estate money to support legal counsel. I believe their hope is that we will run out of money and quit or they will win by default. . There are promissory notes for a large amount of money. The judge states that there is a valid case of issue. They have delayed and filed 2 summary judgments against me have been denied both. The a Estate is under court advisement. Mediation was unsuccessful so now we are setting a trial date. Based on history to date. They have been non compliant and even if an judgment is awarded, collection will be difficult. We do not want any more delays and want to proceed.
Question - can a judge on their own accord request that the estate representative post bond without a written request from us but only a verbal suggestion? Perhaps Requesting due to the expenses, delay of time, 2 failed summary judgment attempts and an uneventful mediation, that the judge orders that the defendent post a bond to protect the interested parties?
Pro's Con's. Can apposing counsel object if court ruled or would they be able to delay with another hearing? I have been trying to get to the judge or get them to settle since mid 2013. We are now just approaching a trial date.
What would be the best way to approach requesting a bond to protect us?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
The Trust does not require a bond and no one has waived it. I know asa creditor I can request - but what we don't want is a delay.
If we respectfully ***** ***** the spot - could the judge or does the judge have the power to enforce right there? I am pretty confident we will win the award and the judge was pretty firm on both of the summary judgments he denied against us.
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You can make such a request.You would have to show some evidence that the estate and executor are squandering estate funds here.You would seek to have the court order them to file such a bond.Know that this is going to be an uphill fight.The estate can use funds to defend itself here. You have to show other examples of waste here to succeed.

Counsel here has the right to oppose anything you do including a motion or request for bond.

Honestly I would consider forgoing the bond request.It is apt to delay things and you are unlikely to successfully prevail unless there are other examples of waste that can easily be proved.

Expert:  Ray replied 1 year ago.

524.3-603 BOND NOT REQUIRED WITHOUT COURT ORDER; EXCEPTIONS.

No bond is required of a personal representative appointed in informal proceedings, except (1) upon the appointment of a special administrator; (2) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (3) when bond is required under section 524.3-605. No bond shall be required of a personal representative appointed in formal proceedings (i) if the will relieves the personal representative of bond, or (ii) if all interested persons with an apparent interest in the estate in excess of $1,000, other than creditors, make a written request that no bond be required, unless in either case the court determines that bond is required for the protection of interested persons. The court may by its order dispense with the requirement of bond at the time of appointment of a personal representative appointed in formal proceedings. No bond shall be required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of duties. If two or more persons are appointed corepresentatives and one of them has complied with the preceding sentence, no bond shall be required of any such corepresentatives.

Expert:  Ray replied 1 year ago.

Sorry here the law requires a written motion/demand for bond..

524.3-605 DEMAND FOR BOND BY INTERESTED PERSON.

Any person apparently having an interest in the estate worth in excess of $1,000, or any creditor having a claim in excess of $1,000, may make a written demand that a personal representative give bond. The demand must be filed with the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, the court may require or excuse the requirement of a bond. After having received notice and until the filing of the bond or until the requirement of bond is excused, the personal representative shall refrain from exercising any powers of office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for removal and appointment of a successor personal representative. An interested person who initially waived bond may demand bond under this section.

Expert:  Ray replied 1 year ago.

Here is the forms to make such a request..

https://www.minncle.org/Materials/CLEPro/samples/p070ws.pdf

Thanks again and good luck here.