Asked in Estate Planning for New York

Q: My father died (lived in SC) with my stepmother. No will. Stepmother daughter sent me and my other siblings( his only

Children a waiver of bond to sign. None of us live inSC. Why is this needed? What happens if we don’t sign it?

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2 Lawyer Answers
Gary Lane
Gary Lane
Answered
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: The bond is to protect all of the heirs if the administrator does wrong. Signing a waiver of bond will permit the administrator to proceed without a bond, thus without the heirs being protected. Bonds cost money and the waiver saves that cost, which comes out of the inheritance.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: First, this is a SC estate and issue. However, I can guess that his wife (stepmother) as next of kin is applying to be his estate administrator. As a child, you are also next of kin. If you sign, she will be appointed and not have to pay for a bond out of the estate. The bond is like insurance for wrongdoing as administrator. If you want to challenge her, you likely have to get an SC lawyer, and apply yourself.

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