Ask a Lawyer and Get Answers to Your Legal Questions
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.
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.
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.
Here is the forms to make such a request..
Thanks again and good luck here.