Apache Junction, AZ asked in Probate for Arizona

Q: My mother passed recently involved in a class action lawsuit, with no will. My sister wants me to waive the bond she

Would have to buy to secure my other brothers and sister and I. I don't feel comfortable waiving that bond because for one she already cleaned my mother's house out took all her jewelery and said all that was left was cleaning supplies and clothes, my grandparents are claiming my mother's vehicle saying it is theirs and they are threatening me if I don't sign the documents to find me incompetent. If my mother's lawsuit wins her estate may then be worth about 200 million. My other sister even tried to bribe me 100 to sign them.. I don't have the money to hire an attorney and I don't know what to do. I apologize so my question is IF I DO DECIDE TO WAIVE THAT BOND IS IT JUST GIVING HER THE RIGHT TO LEGALLY DO AS SHE PLEASES OR TO KEEP ALL THE INHERITANCE??

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2 Lawyer Answers
Ryan K Hodges
Ryan K Hodges
Answered
  • Probate Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: The bond serves to insure that your sister properly administers the estate. If she steals assets from the estate and does not have them to return, then you could get reimbursed from the bond. Waiving the bond does not absolve the personal representative from liability to mismanagement, but the bond provides an alternative payor source if mismanagement occurs.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: With that level of mistrust, don't waive bond. You are not obligated to do so.

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