Legal Question in Wills and Trusts in Minnesota

Unbondable personal representatives

Two sons were nominated as co-reps to my grandpa estate. There are 15 of 35 devisee's that objected to the appointment. as a result the court ordered supervised probate with a 2 million dollar bond. CNA, the bonding company refused to bond them due to the original objection. A petition to excuse bond has been filed with the court, what can be expected next if the 15 devisees oppose the request to excuse bond? Should they oppose the bond? If the sons are not bondable, can the court remove them? Any information is appreciated.


Asked on 4/13/04, 2:02 am

1 Answer from Attorneys
Melvin Peterson 763-424-6442

Re: Unbondable personal representatives

The court may have to remove the co-personal representatives if they cannot file a bond and appoint a different personal representative. Can the family agree on any one person to be the personal representative? The court could also appoint a professional Personal Rep or a bank or trust company to be the PR if the family cannot agree. I don't know if the court will excuse the bond unless the other parties would agree that the two sons did not need to file a bond. If the objectors do not agree or object to the Order Excusing Bond, the court will not excuse the bond. Someone else will have to be appointed.

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Answered on 4/14/04, 1:54 pm


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