I closed the account when he passed and just filed the final return with probate. I was appointed my Dad's conservator who passed. When he passed I closed the account because there was only $3.96 left in there. I just turned in the final accounting to the Probate court who then sent me a court order telling me that I have to reopen the account and put $2005.86 back into the account because it was spent on expenditures after his death. All his debts have been paid. I'm trying to get the probate judge to release me from the Surety Bond that I'm still paying the premium on. He said after I follow the instructions of the court order he will release Me. I would really appreciate any help or input I could get. Thank you.
but I’m confused...... Who is Executor?
And the bond was it placed for the conservatorship?
Were you named Executor by a judge in probate court and you got Letters Testamentary issued with your name as Executor? And you paid for things after death from an estate account (would have its own IRS #)?; or you paid out of your pocket as Executor but the Estate has assets (so in theory those assets can be sold and pay Estate claims)?,
or paid from your dads old checking account that has you as signature and POD, so $ flowed from him to you upon death?
Or were you paying for dads debts after your dad died as you had been his named conservator / guardian by the court while he was alive but there’s someone else who is Executor?
My understanding is these (Executor/Adminstrator & Conservator/ Guardian) are 2 very, very different legal standings.
A POA or conservatorship or guardianship stopped completely upon his death.
You would need to have filed a valid will to be appointed Executor as
per terms in his will or if no will then petitioned probate court to be appointed Adminstrator of his estate.
So are you named Executor or Adminstrator? Depending on the situation, his probate could be an “independent” administration or a “dependent” administration (has court oversight).
If someone else was named the Executor or Adminstrator, your using his $ after death should not have happened. The $ - unless the account was POD (pay on death) to you - in the bank account as of date of his death should have been turned over to Executor to the penny. The bank statement for the month he died would be supporting documentation to the Assets of the Estate form that gets filed along with a order submission as a normal part of probate.
It it sounds like that was $2,005.86.
Is that correct?
If so, you have to pay this ASAP. The order document you got, does it read how the check has to be written out to? And how it gets filed? Or whomever it gets paid to? The order should read this pretty precisely. If your confused, call PC and speak with the judges administrative assistant to clarify exactly what to do.
If you are not the Executor or Adminstrator, you kinda need to file your own claim against the estate to be paid for those costs paid and any other costs incurred for his estate that you paid for if you want to be reimbursed. Imo even if you are Executor, you still should file all Estate costs paid every 6 or 12 months so to keep all transparent as to costs of the Estate. If you’ve never filed a claim, ask administrative assistant as to the format to submit a claim as to how this court wants them.
Probate to me - as one who has been an Executor- is very much document driven and everything has to be in their very exacting format & place in line for the next step to happen. Usually the Probate attorney takes care of all filing via their attorney portal to the courthouse. Is there no probate atty? Was there no atty for the conservatorship?
Well whatever the backstory, it sounds like the judge is cutting you some slack. But you need to get that $ to the court ASAP however indicated in the order you received. Then get orders from judge to cancel that surety bond with the underwriter. Good Luck.
Have you gone to the bank with all the pertinent papers - the former conservatorship, account details and court order from the probate judge?