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Providing a detailed discussion of all aspects relating to probate bonds, this handbook is written by a team of highly experienced attorneys and claims professionals. Its twenty chapters examine all topics relevant to the issues that arise in the use of probate bonds, including:* Public policy and the requirement for probate bonds* Underwriting and issuing probate bonds* Types of probate bonds* Claimants on a bond, and the conditions or requirements for claims on a bond* Statute of limitations on the surety’s liability* Handling and disposition of fiduciary bond claims* Liability issues, including for money principal borrows, the surety’s liability for acts before the bond was issued, and for misconduct of co-fiduciaries* Attorney neglect and bad acts on the surety* Fiduciaries serving estates in multiple capacities* The Prudent Investor Rule and exposure of the probate surety* Non-estate property obtained under Color of Office * Prior judgment against the principal* Penal sum issues relating to probate bonds* Defenses available to the probate bond surety* Recovery and salvage* Probate surety and bankruptcy* Practical guidance on handling probate bond claims
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Providing a detailed discussion of all aspects relating to probate bonds, this handbook is written by a team of highly experienced attorneys and claims professionals. Its twenty chapters examine all topics relevant to the issues that arise in the use of probate bonds, including:* Public policy and the requirement for probate bonds* Underwriting and issuing probate bonds* Types of probate bonds* Claimants on a bond, and the conditions or requirements for claims on a bond* Statute of limitations on the surety’s liability* Handling and disposition of fiduciary bond claims* Liability issues, including for money principal borrows, the surety’s liability for acts before the bond was issued, and for misconduct of co-fiduciaries* Attorney neglect and bad acts on the surety* Fiduciaries serving estates in multiple capacities* The Prudent Investor Rule and exposure of the probate surety* Non-estate property obtained under Color of Office * Prior judgment against the principal* Penal sum issues relating to probate bonds* Defenses available to the probate bond surety* Recovery and salvage* Probate surety and bankruptcy* Practical guidance on handling probate bond claims