Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
Can anyone in the legal field explain exactly what a corporate surety bond is and why would she have to do that ? What purpose does it serve in a case like this ? Thanks
So a surety bond is an arrangement of payment should she not fulfil her obligations. Bonds are often required (unless waived) in appointing administrators of estates. When the estate is closed and approved by the court, the bond is released. It guarantees that the administrator does what they are supposed to and doesn't help themselves. Since many people that are entitled to be an administrator may not have the ability to post a bond, they can arrange for a surety bond. There are bond companies and some insurance companies do it. You pay them a fee and they post the bond for you, or just notify the court that they will be on the hook. My state would not require a parent to post a bond to administer a deceased child's estate, but it varies widely by state. This case is a bit unique in that while the father has been convicted of the girl's murder, the girl has not yet been declared dead by the state. I guess no one ever went through the process yet.Can anyone in the legal field explain exactly what a corporate surety bond is and why would she have to do that ? What purpose does it serve in a case like this ? Thanks
^^rsbmMy state would not require a parent to post a bond to administer a deceased child's estate, but it varies widely by state. This case is a bit unique in that while the father has been convicted of the girl's murder, the girl has not yet been declared dead by the state.
Updated: 6:25 PM EDT Mar 11, 2024
[...]Harmony Montgomery's mother asks probate judge to declare her daughter legally dead
The mother of Harmony Montgomery was in court Monday morning asking a judge to declare her daughter legally dead.www.wmur.com
She [Crystal Sorey] said she's working with a nonprofit organization to put together a community search in late April targeting the Rumney Marsh area.
[...]
The court requires a certified copy of the jury verdict finding Adam Montgomery guilty of murder. For Sorey to be named the administrator of the estate, she must deliver a $10,000 corporate surety bond.
Once those conditions are met, the judge is expected to issue the orders.
Wow that is a mess. I have not followed this case, so was just addressing the question and what I read in that article. I think something still must be missing. If her rights were terminated, I don't see how she could be the PR at all, unless simply no one else has petitioned. I wish I had more time look into this, lots of questions here.^^rsbm
In this case, I don't think the State recognizes Sorey as the "parent" of Harmony (her rights had been terminated).
Unfortunately, AM would not consent to terminating his parental rights to allow adoption by others, and once he was awarded custody of Harmony, DCF no longer had oversight.
The Court also ruled that no death certificate will be issued because Harmony's body has not been recovered.
^^rsbm
In this case, I don't think the State recognizes Sorey as the "parent" of Harmony (her rights had been terminated).
Unfortunately, AM would not consent to terminating his parental rights to allow adoption by others, and once he was awarded custody of Harmony, DCF no longer had oversight.
The Court also ruled that no death certificate will be issued because Harmony's body has not been recovered.
Thank you @PrairieWind . Boy is that complicated for me to understand. What kind of obligations would she have to fulfil ? Maybe that's where I'm stuck ?So a surety bond is an arrangement of payment should she not fulfil her obligations. Bonds are often required (unless waived) in appointing administrators of estates. When the estate is closed and approved by the court, the bond is released. It guarantees that the administrator does what they are supposed to and doesn't help themselves. Since many people that are entitled to be an administrator may not have the ability to post a bond, they can arrange for a surety bond. There are bond companies and some insurance companies do it. You pay them a fee and they post the bond for you, or just notify the court that they will be on the hook. My state would not require a parent to post a bond to administer a deceased child's estate, but it varies widely by state. This case is a bit unique in that while the father has been convicted of the girl's murder, the girl has not yet been declared dead by the state. I guess no one ever went through the process yet.
Thank you @PrairieWind . Boy is that complicated for me to understand. What kind of obligations would she have to fulfil ? Maybe that's where I'm stuck ?
The answer to this depends upon the order from the court. The procedures vary widely by state and by purpose of the estate. But as Georgiarai stated, in a typical probate estate (which I am not clear is what is being opened) a personal rep needs to account for all property of the decedent, bills, arrange payments of debts etc, and provide an accounting. Now, with a child death, typically that is very simple because a child doesn't own much, bills are paid by parents or written off, etc. In this case, the major asset of the deceased (who is now declared dead (without a death certificate)) is a potential wrongful death lawsuit. Again, wrongful death procedures vary widely, but I am assuming that one of, if not the major, reason for this action it to bring a wrongful death suit. This appointment would give her the standing to bring such an action. Now I am not an attorney in these states, so I am only speaking in just general terms and I am just vaguely familiar with the facts of this tragic case. Procedurally, this case is interesting to see how it plays out. It really appears that this little girl really didn't have anyone looking out for her. It is very sad.Thank you @PrairieWind . Boy is that complicated for me to understand. What kind of obligations would she have to fulfil ? Maybe that's where I'm stuck ?