Now revised and updated, this book provides a detailed discussion of all aspects relating to probate bonds. The chapters in The Law of Probate Bonds cover topics ranging from public policy regarding the need for probate bonds to claim handling to many different defenses and special situations.
The book's twenty chapters include:
- Public Policy – Why Require Probate Bonds?
- Underwriting the Probate Bond
- Types of Probate Bonds and Rules of Fiduciaries
- Claimants on a Bond
- Procedural Prerequisites to Asserting Claims on Probate Bonds
- Statute of Limitations: When the Surety’s Liability Can Be Laid to Rest
- Handling and Disposition of Fiduciary Bond Claims: Types of Claims and Damages
- Bond Liability for Money Principal Borrows
- Surety’s Liability for Acts Occurring before Bond Was Issued
- The Impact of Attorney Neglect and Bad Acts on the Probate Bond Surety
- The Surety’s Liability for Misconduct or Co-Fiduciaries
- Fiduciaries Serving Estates in Multiple Capacities
- Non-Estate Property Obtained under Color of Office
- The Prudent Investor Rule and Exposure of the Probate Surety
- Prior Judgment against the Principal and Its Effect on the Probate Surety’s Liability
- Penal Sum Issues Relating to Probate Bonds
- Defenses Available to the Probate Bond Surety
- Probate Bonds: Recovery and Salvage
- The Probate Surety and Bankruptcy
- Practical Guide to Handling Probate Bond Claims
The book includes detailed footnotes citing caselaw from courts around the country and applicable state statutes relating to probate bonds.
The Law of Probate Bonds is an indispensable reference tool for both the experienced and entry-level claim professional and practitioner, as well as for general practitioners seeking an understanding of this complex area of law.