Posts Tagged ‘miami surety bonds’

Fiduciary Bonds South Florida

Friday, April 1st, 2011

A fiduciary is someone who has been appointed by a court to manage the assets or property of businesses and people who not able to manage these assets on their own. They are appointed by the court . The court has specific orders for the fiduciary to carry out certain activities. The fiduciary is also asked to guarantee the performance of their duties by posting a form of security or bond. If the fiduciary takes off with any assets, the bond is like an insurance policy against any wrongdoings of the court-appointed fiduciary.

Fiduciary Bonds

Here are some of the most common types of fiduciary bonds.

  • Executor or Trustee of Estates
  • Trustee of Operating Trustee (bankruptcy)
  • Committee or Conservator of Incompetent

The purpose of the surety bond provided by the fiduciary is not for their protection, but rather to protect the minors, heirs, incompetents, or creditors of the estate or property assets. These bonds often do not have an expiry date and may continue indefinitely until another action of the court takes place. Some of those actions include:

  • Sworn Affidavits by all interested parties
  • Distribution of Assets
  • Payment of Debts in the case of a bankruptcy action
  • Filing of a Final Accounting
  • A Subsequent Court Order

If you need assistance getting a fiduciary bond or any other type of license or permit bond give us a call.

Why is it important to be licensed and bonded?

Friday, September 24th, 2010

In this video, the owner of Simon Insurance, Simon Blauman, gives excellent examples of how important surety bonding can be to a consumer and a business. He also talks about the Miller Act.

If you need a surety bond, probate bond or license bond feel free to give us a call.

When calling about a bond, please specify what type of bond you may need. There are many types of bonds. Being specific will speed up the process.

-For more information on the Miller Act - Click here.

Types of Bonds

Friday, September 17th, 2010

There are many types of bonds (surety bonds, probate bonds, bid bonds, permit bonds and so on.)

Here are a few of the most common bond types. When calling for a bond please specify the type of bond you want information about. This way we can handle your situation at once.

“Remember, buying a bond is not like buying a gallon of milk at the store.”

Bid Bonds

A bond meant to guarantee that a bidder of a contract (i.e. construction contract) enters that bid in good faith and will properly execute the contract if the bid is successful.

Commercial Bonds

Bonds required by businesses (other than contractors) to guarantee completion of service.

Contract Bonds

A bond that provides financial security and construction assurance on building/construction jobs. It assures the project owner that the contractor will perform the contracted work and/or pay subcontractors, laborers, and suppliers.

Fidelity Bonds

A bond issued to protect an employer from financial or property losses due to the dishonesty of employees. Often these bonds are issued when an employer hires “high risk” employees.

License and Permit Bonds

Bonds required to obtain a license or permit from a city, county, state, or occasionally the federal government. The purpose is usually to safeguard the public.

Obligee

The party a bond protects from loss; the beneficiary of the bond. For example the project owner on a construction site.

Payment Bonds

A bond given to guarantee payment, usually of a contractor to sub-contractors and suppliers. This is frequently the only protection offered those supplying work or materials to a public job.

Performance Bonds

Bonds guaranteeing performance of the terms of a contract. These protect the owner of the contract from financial loss should the contractor refuse or be unable to fulfill the contract obligations.

Principal

The person or business whose obligations are guaranteed by a bond.

Surety

A person (or entity), who is legally responsible for the contracts, debt, delinquency, or liability of another.

Surety Bonds

A Bond that is a three party agreement between a contractor (Principal), the project owner (Obligee), and the surety company. The bond insures that the contracted work will be completed on time and on budget and will cover any losses incurred by poor contract performance.

Surety bonds of all types play a critical role in making the construction industry work. Since most jobs are performed by private forms, it’s critical that there is a certain level of faith on the part of consumers, state and local regulatory agencies, and subcontractors. Surety bonds are a good way to increase the comfort level of all parties and exist for a wide variety of functions, including reassuring homeowners that a job will be completed on time and according to contract, assuring that suppliers will be paid for work and material they supplied, and even making sure that federal construction projects are completed as the contract stipulates.

Payment bonds are a large part of the surety bond process for construction jobs. These bonds ensure that subcontractors will be paid according to the terms set forth in the contract, which can be critical for jobs on property which is not privately owned. Mechanic’s liens, which ensure payment of outstanding debts upon sale of a property, can be placed on private property but not on public property. The payment bond essentially takes the place of a mechanic’s lien when a contractor or subcontractor is working on a piece of public property. However, since surety bonds are required by federal law for all projects in excess of $100,000, many jobs on private property also involve a payment bond.

If there is a claim on the bond due to nonpayment or other contractual breech, the subcontractor (or other wronged party) files a claim on the bond. If the claim is found to be a valid one, the surety company who issued the bond will make sure that the wronged party is compensated in some way for their loss by the contractor who purchased the bond. Since this procedure effectively brings a neutral third party in to execute the agreement, it can provide a certain measure of reassurance to all involved with any project, particularly those involving lots of money.

The bond is purchased by the contractor during the contract negotiation phase of a construction job, and is generally bought from a surety bond company or, in rare cases, an insurance company (though surety bonds are not insurance and should not be mistaken for such). The rate and amount is subject to both the size of the job and the contractor’s own credit rating and financial history. Should the contractor fail to qualify for a normal type bond, special subpar credit bonds can be purchased for a considerably larger premium.

Probate Bonds West Palm Beach

Monday, June 28th, 2010

Feel free to contact us if you need a probate bond in the West Palm Beach, Florida area.

Below is some information about the legal process of probate bonding.

The legal process whereby a deceased person’s property is inventoried, valued, and subsequently settled according to the decedent’s will is called Probate.  The word originates in early English law dating back to the 12th century and literally means ‘to prove’.
When a person passes on and has a last will and testament, the Probate Court will proceed to confirm the authenticity of the deceased persons will.

The probate attorney  will carry this out by filing the paper work on behalf of the deceased.

The purposes of probate are to ensure the wishes of the deceased are carried out, that the chosen executor is confirmed and sworn to execute those wishes, and to protect the interests of surviving heirs who may have claims against the estate.
After getting a probate bond it becomes an instrument of law and the court accepts it as authentic. Once this occurs it is very difficult to contest the validity of the will.
At the time of death, the Probate Court will require an inventory of assets of the decedent.

This may include but is not limited to; real estate, bank accounts, personal belongings, investment property (such as collectibles and antiques), household property, stocks and bonds, cash and virtually anything else of value. The probate attorney will then draw up an inventory and distribution list of the assets of the estate, and file it with the court. This list of assets of the deceased becomes public knowledge and is subject to claims by creditors, federal and state governments (in the case of taxes) and possibly disinherited or interested parties that may assert their claim to those assets.
Essentially, any item with a monetary value owned by the deceased at the time of his death becomes the property of the estate of the deceased. The estate’s property can then be taxed, claimed by creditors, or available to parties who wish to assert a claim of ownership to those assets.
Some assets can avoid the process of probate by passing contractually to a beneficiary. Examples are Life insurance policies that are ‘payable on death’ (POD) to any party other than the estate, stock portfolios termed ‘Transfer on Death’ (TOD) and joint bank accounts that are termed ‘jointly owned with rights of survivorship.

If you need a probate bond in the West Palm Beach, South Florida Area, please contact us.

Surety Bonds West Palm Beach, Miami Surety Bonds, Ft Lauderdale Surety Bonds,

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