Greer, SC asked in Estate Planning for Tennessee

Q: What does it mean for a estate beneficiary to "revoke the waiver of bond" they had previously signed

Related Topics:
1 Lawyer Answer

A: The general rule is that any "fiduciary" ( a person in a position of trust, one who handles someone's money) should be bonded; in other words, there should be some insurance obtained to protect the owners in the event the fiduciary turns out to be dishonest and steals some of the money). The executor of a will or the administrator of an intestate estate ( where there is no will) is a fiduciary and under the general rule, they should be bonded. However, the heirs on these situations can agree to allow the executor/administrator to serve without bond.

As mention before, the bond is simply an insurance policy, and its cost depends on the size of the estate. To avoid the expense of the bond, ( it would have to be paid from the deceased money) sometimes the heirs agree to "waive" the bond, or as mentioned, allow the executor to serve with no bond. In this case, it sounds like some heir has changed their mind- they signed a waiver ( agreeing to no bond) but now, they want to back out of that so they are "revoking" their waiver.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.