Q: I received a letter stating that I am an adult heir to my deceased aunt's estate. Her brother my uncle is her representa

A: I need to attach my disclaimer to the bottom of this answer, because there is a teeny tiny chance that this advice will be wrong for you, but in 37 years of practice it hasn't been. I have seen bond called in a case exactly once in those 37 years. Other than that weird time, it is a protection of nothing other than the insurance salesman who sells it. Your uncle will be required to file an account and an inventory, and you should not waive those things unless you know what you are doing and trust your uncle. But, waiving bond is routinely done in any will I've ever seen drafted by a lawyer, and asking you to waive bond because your aunt didn't have a will so she couldn't waive bond will save the estate money. If you think your uncle might steal your inheritance, retain a lawyer to oversee the administration. The bond itself isn't useful expenditure of estate funds.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel.

A: I agree with Mr. Sternberg's answer. Waiver of bond is routine, and is all but universally waived as a standard provision in the language of a will. The assumption here is she had no will, or perhaps she used a do-it-yourself version and it failed to have the provision in it. Regardless, the cost of a bond premium is generally wasted money and only reduces estate assets for no reason. Heirs can always object to, or petition to remove, a Personal Representative who commits malfeasance, and sue to recover improper or fraudulent disbursements. A PR has a fiduciary duty to both the estate and the heirs, so there is legal liability, both civil and criminal, for breach of that duty. And, notwithstanding waiver of a bond, the Maryland Register of Wills still requires a nominal bond in every estate (costs around $100 or so) even where the bond is waived. Estate filings are accessible on-line, so you can periodically log on, scroll through what has been filed, download and review the filings, etc. You will also receive certain required notices by mail. Take a look at the Inventory when it is filed, and each periodic Account, and any deficiency letters from the Register of Wills seeking more information or corrections. If you have reason to believe your uncle is a thief, then you should be objecting to his appointment as PR.

A: Most Wills say bond is waived for the Personal Representative. So this usually only comes up when someone dies without a Will. Bond basically protects the heirs and creditors when the Personal Representative runs off with the assets. Bond premiums cost money and they get paid out of the estate, so in an estates where the Personal Representative carries out their duties, requiring a full bond effectively reduces the amount of money going to the heirs.

Without knowing your situation an attorney can't say whether it would be prudent or not to waive bond, but I hope this general legal information helps shed light on the bond issue.