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In an effort to save you time, we have included this FAQs
(Frequently Asked Questions) page on our site. If you do not find an
answer to your question here, please feel free to contact us.
Bonds FAQ
Q: Do you charge an annual renewal premium for administrator or executor bonds that are $25,000 or less?
A: No. These types of bonds are a one-time premium provided the bond amount stays at $25,000 or below.
Q: If the court enters an order fully
restricting all the assets in a probate estate so that funds cannot be
released without a court order, do you continue to charge a renewal
premium for that bond?
A: No. Provided the bank provides a verification of restricted
account for the full amount of the assets in the estate and the Bond
penalty is reduced to $2,000 or less, no further premium will be
charged as long as the full amount stays restricted and the reduction
of the bond penalty remains in place. The principal may also receive a
pro-rated return on the premium already paid depending on the date the
funds were restricted and reduced.
Q: If I pay the renewal premium and the estate closes shortly after the renewal date, will I get any of that premium back?
A: Yes, to the extent the amount of premium attributable to that
portion of the year that the bond is not needed exceeds the minimum
premium of $100.
e.g.: If an estate closes 3 months after the bond renews and the
bond renewal premium is $250,to calculate the "unearned premium" you
multiply the bond renewal premium by the percentage of the year the
bond is not needed. ($250x.75). The unearned premium amount in this
example is 187.50. The total bond amount less the unearned premium is
the "earned premium". 250-187.50=62.50. Since the "earned" amount is
less than the $100 minimum, $100 will be retained and the difference(
$150), will be returned to the principal.
Q: Do we require joint control? (This
means that someone in addition to the fiduciary must approve the
release of funds from the estate bank account.)
A:
We DO require joint control in conservator estates $25,000 and greater,
and for Trustee's bonds. Procedure: The fiduciary establishes two bank
accounts, one that is a working account and is not subject to the
two-signature requirement; the other is subject to the two-signature
withdrawal requirement. The fiduciary initially funds the working
account with enough money to cover the reasonable and anticipated
expenses of the ward over the course of one year. All other assets are
placed in the "restricted" account and/or in a safe deposit box subject
to the joint control agreement. If the working account is properly
funded, the attorney should only need to be involved once per year in
authorizing the refunding of the working account.
There are some exceptions to the rule requiring joint control.
Q: Do you require collateral on bonds?
A:
Only on court bonds other than probate and not on probate bonds, unless
the applicant fails to meet our underwriting standards.
Our office must receive collateral BEFORE a bond can be issued.
Sometimes it can take up to two weeks to get a letter of credit from
the bank so we always encourage the attorney/agent to get the principal
to start the process immediately upon receiving our application.
Q: Do we check the credit history of the principal?
A: Yes
Q: What information do you need besides the application to make an underwriting decision?
A:
It depends on the type of bond being written. Each application lists
the additional documents that are needed in order to underwrite the
bond. Generally, probate court bonds require only an application. The
court bonds other than probate require the application, a current
financial statement, a copy of the relevant pleadings, and most likely
full collateral.
Q: Why do you require joint control or collateral, aren't we buying an insurance policy?
A:
No. A surety bond is not an insurance policy. A policy of insurance is
designed to protect the insured against an unexpected loss. A surety
bond, on the other hand, is designed to protect the obligee, which is
the person or persons to whom the principal (the person being bonded)
owes some duty or obligation. A person buys a bond because they have an
agreement with a third party who requires a guarantee that the
obligation will be fulfilled.