Joint Liability with Surety Judgement

[mscubo2000]

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Probate court determines liability of 'Jane Doe' (removed former > personal representative)to be $32.0000 and enters judgement jointly > and severally against her and her surety, XYZ Surety Company. Surety > company issued a $138,000.00 bond to Jane Doe Jane Doe spent > $25,000.00 of the money from the estate of her deceased son. What > happens to Jane Doe? Does Jane owe the $32,000.00 judgement or does > her surety pay? Can Jane Doe be criminally prosecuted for > misappropriating the estate funds? What will the surety company do > about this Judgement?

[Admin]

Sorry I didn't respond to you on this sooner, somehow I missed your post until now...


Any surety will require an indemnity agreement prior to issuing a bond. Therefore, whether the surety or Jane Doe is sought after by the government, Jane Doe will ultimately be held responsible, as the surety will persue her to obtain the amount paid out on the claim.

Whether or not Jane would be charged criminally is a question best handeled by an attorney.