Have you recently been entrusted with the responsibility of managing someone else’s finances or business interests? As a fiduciary, you have a legal obligation to act in the best interests of the person or party you represent. To ensure accountability and safeguard the interests of beneficiaries, it may be necessary for you to obtain a fiduciary bond. In this article, we will explore what a fiduciary bond entails, its purpose, and the requirements you should be aware of.
What is a Fiduciary Bond?
A fiduciary bond, also known as a probate bond or estate bond, is a legal tool that protects beneficiaries, heirs, and creditors in the event that a fiduciary fails to act with integrity or fulfill their duties. Probate Courts often require individuals assuming fiduciary roles on behalf of others to post a fiduciary bond. This bond holds the fiduciary financially liable for any claims filed against it if they fail to fulfill their obligations.
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In general, a fiduciary is a person who has a duty to act loyally and in good faith to protect the interests of another individual or party. For example, an Executor nominated in a Will is a fiduciary entrusted with administering the estate and distributing property to beneficiaries upon the testator’s passing. Similarly, a Guardian appointed for dependent children is expected to act in the best interests of the children and manage their assets responsibly.
These fiduciary roles come with great responsibility and power, but unfortunately, they also present opportunities for fraud or dishonest acts. A fiduciary bond serves to protect against instances of embezzlement, fraud, or other misconduct committed by the fiduciary.
How Does a Fiduciary Bond Work?
A fiduciary bond involves three parties: the fiduciary, the court, and the surety (the bond company). When a court imposes a fiduciary bond requirement, the fiduciary must purchase and post a bond. If the fiduciary breaches their role, such as through embezzlement or theft, the bond company is obligated to pay the court a set amount.
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By having a fiduciary bond in place, the potential damage to the estate is limited because the surety covers the funds that were taken. The bond not only covers intentional acts but can also include acts caused by negligence or carelessness. The bond amount is typically set based on the assets that the fiduciary controls, excluding real property.
What Does a Fiduciary Bond Guarantee?
A fiduciary bond guarantees that the appointed fiduciary, such as an Executor, Trustee, or Guardian, will fulfill their legal duties and adhere to fiduciary regulations. It ensures that they act in good faith, honestly, and with integrity, without taking advantage of their position. In other words, the bond protects the estate and beneficiaries from acts such as theft, fraud, embezzlement, or misrepresentation.
When is a Fiduciary Bond Necessary?
The requirement for fiduciary bonds varies from state to state. Usually, probate proceedings that involve a fiduciary role, such as Executor, Administrator, Trustee, or Guardian, require a bond. In cases where an individual dies intestate (without a Will) or did not include a waiver of the bond requirement, a bond is usually required. However, some states grant the Probate Court discretion to decide whether to impose a bond.
In certain situations, other parties may request a fiduciary bond. For example, beneficiaries or creditors may question the fiduciary’s loyalty or honesty and request the court to impose a bond to ensure the fiduciary carries out their duties in good faith. This request offers financial protection and reassurance to the creditors and beneficiaries.
How Much Does a Fiduciary Bond Cost?
The cost of a probate bond depends on the size of the estate and the coverage required. Usually, the Probate Court mandates that the fiduciary bond covers any non-real property assets under the fiduciary’s control. The average premium for a fiduciary bond is a few percentage points of the coverage amount.
For example, if the premium is 1 percent of a $30,000 bond, the fiduciary bond premium would be $300. However, these figures are provided as an example, and it’s best to inquire about the rates offered by reliable bond companies in your state.
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Once the fiduciary purchases the bond, the court will grant them access to the funds of the estate or trust to carry out their duties.
A fiduciary bond is a valuable instrument that helps protect estates, trusts, and beneficiaries. When someone takes the time to establish their estate plan, they hope their wishes will be honored. Fiduciary bonds ensure that even the most trustworthy fiduciaries are held accountable. With severe financial repercussions at stake, fiduciaries are deterred from dishonest acts such as theft, fraud, or embezzlement.
If you are considering whether a fiduciary bond is appropriate for your estate, consult with trusted professionals to evaluate the long-term risks and costs associated with this decision.
Creating your estate plan involves critical choices, including the inclusion or waiver of fiduciary bond requirements. Making these decisions alone can be overwhelming, but Trust & Will is here to help. Our team of experts can answer your questions and guide you through the estate planning process. Discover the benefits of setting up your estate plan with Trust & Will today!
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