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Probate Bond--With or Without Surety ?


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#1 rameses

rameses

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Posted 14 November 2010 - 11:07 AM

OVERVIEW: My mother has died intestate in Mass., with just my sister and myself as heirs.
The estate consists of her house (the personal prop. being just the furniture,etc.). I am filing (w/sister's signed consent, of course ) to be Administrator.
The estate debts (I am in the midst of totaling) including funeral, costs of final illness (did not involve state medicaid), 4 credit cards, etc. are approximately 20% of the house value, and would therefore be able to be discharged by sale of property. (we are also exploring home loan/mortgage option)
In my particular case, it seems best that the required Bond in Mass. be WITHOUT surety.
This, IF I UNDERSTAND CORRECTLY, will eliminate the necessity, cost, and delay of filing a LATER bond to cover the large penal bond (1.5 times the real estate value) to cover the sale of the property), when I must, as administrator, sell the property to discharge the debt.
By filing the bond WITHOUT surety, In my Mass. county, required publication and court backup will result in it being approx. 6+ weeks for me to receive my Papers of Administration.

QUESTION 1: Will taking the delay "up front" by filing for bond without surety now, ELIMINATE THE NECESSITY, cost (via surety company), and delay of obtaining a later required bond when I sell the property (or the asking of friends to sign for personal surety under the penal bond of 1.5 times real estate value, an imposition upon friendship I will not make, technical though it may be)
(addit. poss: Could I file with PERSONAL surety now (just nominal penal 1.5Xpersonal, friends agreed), get administration quickly, then get bond W/O surety at time of real estate sale, or is that either not allowed, or too time consuming at sale time?)

(ps pg1067-thank you for earlier advice,unfortunately "Death" stopped me short from following it)


#2 rameses

rameses

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Posted 14 November 2010 - 03:33 PM

REFERENCE MY RECENT POST: My Mother has died intestate in Mass. . . it will be 6 weeks until I receive my Papers of Administration. I want to send DEATH NOTICE to creditors IMMEDIATELY upon filing court papers, especially Credit Card Cos. (before next payment due dates) (to preclude them, as much as possible from "piling on" penalties and onerous interest rate increases--I know they are aware of TITLE V -Credit Card Act of 2009--BUT DO THEY ABIDE BY IT?? DOES ONE EVENTUALLY HAVE TO ACTUALLY NEGOTIATE WITH THEM, OR W/THE SERVICE THE BANKS USE TO DO THIS STUFF? AND HOW?). QUESTION 1: Though there will be the above delay BEFORE I am Administrator, can I send them a DEATH NOTICE NOW and should I Include an ACTUAL COPY OF MY FILED PROBATE ADMINISTRATOR FORM WHICH GIVES MY NAME, ADDRESS , HEIRS (myself and sister) DOCKET NUMBER, COURT.(OR just the info itself) (bearing in mind I am not now, but WILL be the Administrator)
QUESTION 2: What are the essential ELEMENTS necessary for a proper DEATH NOTICE?
1. Notification that obligor is deceased 2. Copy of Death Certificate 3. Name of Court where Probate has been filed and Docket number of case, and who is, or has filed to be, the Administrator/Executor (OR: should it be a copy of filed form itself, see Question 1. above) 4. Direct that my Mother's account be closed out (in the case of credit card cos.) SHOULD I ALSO: 5. Notify the three Credit Card Bureaus directly 6. Specifically direct that my name be removed from account where I was an Authorized user, OR: are nos. 5. and 6. unnecessary and /or redundant? ANYTHING ELSE? Should I CALL and notify them first and/or ask what THEIR requirements are? SEND CERTIFIED (or is faxed with confirmed ok?) Am I over thinking, if so please simplify it down.
ATTENTION: pg1067, Fallen, and all other GIANT LEGAL CEREBRUMS out there, the above questions are relevant to virtually EVERYONE beginning their Administrator/Executor duties out here, often still in the midst of grief. We need DEFINITIVE (or as close to it as possible) THANX.


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