Legal Question in Elder Law in New York

guardianship accounting

To what extent is a surety bond company liable due to a guardian selling property entrusted to guardian by court which was sold by her and her attorney without seeking court approval first and the proceeds approx 100k did not get distributed to its rightful heirs?


Asked on 7/15/07, 5:47 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: guardianship accounting

The purpose of a surety is to indemnify in case of a loss or misappropriation of funds.

Under the circumstances you describe,

if there is a determination that the guardian acted inappropriately, and damages exist, the surety company can be directed to pay them. If you wish to discuss this further, please contact my office by telelphone or email and make an appointment.

Mark S. Moroknek

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Answered on 7/16/07, 2:09 pm
Johm Smith tom's

Re: guardianship accounting

I think you obviously know that you need to consult an attorney about this; you can't successfully deal with it yourself. They'll need to know more facts and read the contracts. This is a complicated matter.

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Answered on 7/17/07, 12:07 pm


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