Illinois estate law and bonds

I’m going to ask a question here that I would normally ask my own lawyer, and I know this might be problematic for you lawyer types – establishing a lawyer-client relationship and all that. Problem is, my lawyer seems to have stopped working, and I’m doing another thread about firing my lawyer and hiring a new one or trying to do the work myself.

So perhaps there is a way you can impart relevant information to me without delving into legal opinion. I certainly don’t want to burden anyone here with a relationship that has legal connotations. Maybe linking me to a relevant Illinois law? Whatever comments you can make about someone in my general circumstances will be appreciated.

In June of 2008 my uncle Own died – he never married, was childless and didn’t make a will. After a certain amount of family drama I agreed to take on the job of executor, though it seems the more correct term is Administrator. I hired a lawyer in September of 2008.

The lawyer told me I needed to get a “bond” for the estate, so I did. From the brief discussion we had, I got the impression that this was some form of insurance for the estate, presumably against negligent loss or theft of the estate assets – by me, since I’m the only person who can get to the money. FYI, virtually all the assets remaining are in the form of cash. He didn’t own a home, or stocks or bonds, and I have since sold his car. The bond was for the amount of $249,000 and cost $100 per month. It was for the period of October 08 through September 09.

My main question is whether such a bond is required by law, or some kind of CYA thing the lawyer just told me to do. The lawyer didn’t present this as a matter of choice, but since then others have told me that they didn’t have to buy any such bonds when they administered estates. OTOH, I don’t know the details of these other estates, things like whether there was a will, etc. So maybe their circumstances were different than mine.

I have already distributed the bulk of the money – there is only about $5,000 left, and that is in case I have to hire another lawyer to finish whatever remaining details and paperwork the Dupage County court requires.

Am I obliged to renew this bond?

I don’t know what Illinois law says. However, wills frequently provide that no bond shall be required of the executor or administrator. Since your uncle died intestate, you, probably unlike your friends, were unable to take advantage of such a provision.