What’s a Trustee To Do: Facing Volatile Markets
A trustee must follow the prudent investor rule in managing the assets of a trust. Keep in mind: this is a process-based standard—not a performance-based one. Investing Trust Assets Volatile markets present unique challenges to…
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Protecting the Vulnerable: Fiduciary Duties and Bonds Explained
Protecting the Vulnerable: Fiduciary Duties and Bonds Explained When someone cannot make sound decisions for themselves, a court can appoint a fiduciary to do so. Often, courts require fiduciary bonds to protect “the ward.” Safeguarding…
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Duty-Bound to Beneficiaries: Insights for Executors and Trustees
What happens when an estate or trust plan has been set up to continue the operations of a business beyond the owner’s death—but the business ultimately does not provide value to the beneficiaries? Prioritizing the…
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Court Appointed Executors: Bound To Report
When a probate court appoints an executor to administer the estate of someone who has died, diligent reporting is required. Public Record Core to the probate process is accounting for a deceased person’s assets and…
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Receiverships and Receiver Bonds: What You Need to Know
Receiverships, backed by receiver bonds, can be important for recovering funds in real estate foreclosures and other business disputes. The Role of Receivers A receiver can be appointed to take custody of the assets, property,…
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Understanding Intestate Succession and Fiduciary Bonds
When a person dies without a will, probate courts rely on intestate succession laws to distribute the assets to heirs. Court-ordered fiduciary bonds can become important in this process. Who Gets What? If there is…
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Administrators: Understanding the Required Duties and Bonds
When someone dies without a will, a probate court judge will typically appoint an administrator—and require a bond. Here’s what you need to know about the process. Probate Courts Are Busy Places The Conversation estimates…
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Securing A Supersedeas Bond: Important Advice
A company’s liability insurance may cover a supersedeas bond. This will turn out to be critically important information if you ever seek to win a lawsuit on appeal. Appealing A Lost Lawsuit: Supersedeas Bond Needed…
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Guardianship Bonds Explained
Guardianship bonds are routinely ordered by courts to protect those placed in the care of guardians. What Is a Guardianship? A guardianship, according to LegalZoom, is: A legal proceeding to determine whether a person is…
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