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Court Bonds

 

Probate Bonds

also referred to as fiduciary bonds or an Estate Bond

Probate, fiduciary or estate bonds are interchangeable words for bonds that people need when appointed by the court to care for others or manage others’ assets. These bonds make sure that individuals fulfill their court-appointed duties set forth by the court. Probate bonds, like an insurance policy help protect beneficiaries and creditors if the executor is negligent or engages in fraud with the estates assets. with the probate court responsible for settling estates in the jurisdiction where the estate assets or beneficiary of those assets resides. A fiduciary is appointed and is responsible for managing an estate as you will see below depending on the type of probate bond the fiduciary will play different roles. The bond protects the beneficiary from the fiduciary including but not limited to the fiduciary taking actions that disregard the best interests of the beneficiary.

Common Types of Probate Bonds

 

Fiduciary Bond

This is an umbrella term for bonds that make promises that individuals will fulfill court-appointed tasks, such as managing an elderly individual’s property and finances, ethically and in accordance with the court’s instructions. The terms “fiduciary bond” and “probate bond” are used interchangeably. 

VA Fiduciary Bond

Like a fiduciary bond, except it allows veterans’ friends and family members to act as their fiduciaries. Those closest to veterans would have the ability to gain control of their finances, estates and benefits to circumvent paying extensive fees charged by fiduciaries who work for the court. 

 

Probate Bond

Probate bond is a basic term for bonds that guarantee individuals who have court appointed tasks will fulfill them, for example, caring for a minor, honestly and according to the court’s instructions. 

Executor Bond

An executor bond ensures that estates are managed according to the wills of the deceased. A surety bond could be required prior to an executor being officially appointed by the court.

Custodian Bond

Custodian bonds are often called guardianship bonds. They are used to ensure the custodian appointed will handle the the care and finances of an individual according to the courts expectations. Most often used with minors or elderly individuals.

Guardianship Bond

Guardianship bonds are often called Custodian bonds. They are used to ensure the custodian appointed will handle the the care and finances of an individual according to the courts expectations. Most often used with minors or elderly individuals.

Nominal Bond of Personal Representative (Maryland)

To attempt to prevent fraud or embezzlement, this bond requires the court-appointed personal representative to use the estate to pay all taxes, associated court fees and debts owed by the decedent. This bond is based on a will not indicating a personal representative from the decedent.

Judicial Court Bond

also referred to as civil court bonds or simply court bonds

A judicial bond is a type of court bond utilized to attempt to limit losses that could result from a ruling. Because the outcome of rulings from the courts are not easily predicted surety underwriters use the judicial bonds because they are more risk adverse.This also makes them more difficult to qualify for compared to other types of surety bonds.They are filed with the court responsible for settling civil court disputes between plaintiffs and defendants. The civil court sets the requirements as a provision to allow a party to pursue legal remedies while protecting the rights of the other parties to the lawsuit.

 

Common Types of Judicial Court Bonds

Release of Lien Bonds:

A property  owner with a contractor's mechanics lien who may want to transfer or sell the property will be required to purchase a release of lien bond by the court. The release of lien bond replaces the property as security for the lien. This bond guarantee enables transfer of ownership of the property while maintaining security for the creditor.

Injunction Bonds & Dissolve Injunction Bonds:

At a plaintiff’s request,this bond, a court ordered injunction refraining a defendent from performing some act that is detrimental to the plaintiff’s interest and is linked to the cause for a lawsuit. A defendant may provide a dissolve injunction bond to suspend the operation of an injunction.

Appeal & Supersedeas Bonds:

After a judgement has been rendered in court, the losing party may wish to appeal the decision to a higher court. Defendants and Plaintiffs are generally required to post appeal bonds before a higher case will hear the appeal. When money damages are required from the defendant in the settlement of a case, the defendant can furnish a supersedeas bond to prevent a law officer from executing the judgment, while the defendant appeals the decision to a higher court.

Replevin & Counter Replevin Bonds:

In cases in which a plaintiff claims ownership to and demands the return of  said property held by a defendant, state laws enable the plaintiff to take legal custody of the property even before a trial begins. If the court allows this, the defendant may post a counter replevin bond to regain possession of property. 

Plaintiff’s-Attachment Bond

This bond is required when a plaintiff is attempting to attach the defendant’s property as security for a pending claim. The bond guarantees that the plaintiff will pay damages incurred, if the court determines that the property was should not have been held from the defendant. Get a free quote for your plaintiff-attachment bond by filling out the contact form below

Appeal Bond

An appeal bond’s purpose is to guarantee the court decided original judgment will be paid in full if the appeal is denied. These bonds are useful to discourage individuals from wasting the court’s time. Many courts will require individuals to post a surety bond in order to hear an appeal case. Fill out the contact form below for a free quote.

Attachment Bonds:

An attachment bond utilizes the State laws which give courts the ability to take legal custody of a debtor’s property at the request of a creditor in advance of trial. When the attachment is confirmed by the court, it will require the creditor to post an attachment bond.The debtor has the ability to regain possession of the property by posting a release attachment bond.

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CONTACT US

NIELSON HOOVER AND COMPANY

 220 CONGRESS PARK DRIVE, SUITE 100 DELRAY BEACH, FLORIDA 334455

TEL: 561-676-2322

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