GUILTY NH - Harmony Montgomery, 7, Manchester, missing after placed in Father's Custody in 2019, reported 2021, *1 Guilty perjury, 1 guilty weapons* #3

[simlyme]

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

 

[Laughing]

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

@PrairieWind , not sure which state your practice is in, but can you explain this? Thanks!

 

[PrairieWind]

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.

 

[Seattle1]

The decision paves the way for Sorey to file a possible wrongful death lawsuit against the states of New Hampshire and Massachusetts.

To issue the official ruling, 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.

The order states that no death certificate will be issued because Harmony's body has not been found.

Probate judge grants petition to declare 5-year-old Harmony Montgomery 'presumed dead'

A judge has granted a request from the mother of Harmony Montgomery to declare that the 5-year-old girl is presumed dead.

www.wmur.com

 

[Seattle1]

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.

^^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.

 

[Sundog]

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.

Earlier on this thread, IIRC, there was a post about the reason why Harmony's mother was going to court to ask the court to declare that Harmony was deceased. According to this article, it says that Harmony's mother is doing this so that she can file a lawsuit against the state. I hope that is not her sole motivation.

From the article -

According to court paperwork, Crystal Sorey is asking for the declaration in probate court as she seeks to sue the state of New Hampshire for the wrongful death of her 5-year-old daughter.

 

[PrairieWind]

^^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.

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.

 

[twall]

e

^^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.

Are you sure her rights were terminated? Would she be allowed to attend a hearing in regards to Harmony in family court if so?

Father of Harmony Montgomery appears in family court over parental rights

The father of a missing 8-year-old girl appeared in court Monday morning along with the girl's mother.

www.wmur.com

 

[PommyMommy]

MAR 12, 2024

Judge rules Harmony Montgomery, missing 5-year-old N.H. girl, is legally dead

The ruling comes after her father was convicted of killing her. Harmony’s mother “has carried her burden to demonstrate” that her daughter was killed “as a result of some catastrophic event” and that her body has not been found, the judge said.

www.nbcnews.com

A judge has ruled that a 5-year-old New Hampshire girl missing since 2019 is legally dead and her mother can become administrator of her estate, just weeks after the child’s father was convicted of killing her.

Crystal Sorey “has carried her burden to demonstrate” that her daughter, Harmony Montgomery, was killed “as a result of some catastrophic event” and that her body has not been found, a probate judge said in an order made public Tuesday, a day after Sorey went to court.

Judge grants request to declare Harmony Montgomery legally dead

The 5-year-old girl's mother, Crystal Sorey, wanted her daughter to be declared legally dead so she could pursue wrongful death lawsuits.

www.wcvb.com

The girl did not have any financial assets, but the legal step will allow Sorey to pursue wrongful death lawsuits. The judge granted conditional approval.

 

[PommyMommy]

MAR 12, 2024

Harmony Montgomery declared legally dead by NH court order

A New Hampshire judge has ruled that Harmony Montgomery, the 5-year-old girl killed by her father, is legally dead and appointed her mother to administer her estate. While her father, Adam Montgomery, was found guilty of second-degree murder in Harmony’s killing, since her body was never found...

www.nbcboston.com

Sorey's lawyer argued in court Monday that Harmony should be declared dead because of Adam Montgomery's conviction — he admitted during the trial that he abused her corpse. He requested that Sorey be named as the head of her daughter's estate — both she and Adam Montgomery were listed as Harmony's heirs.

Harmony Montgomery declared dead by New Hampshire court after mother's request

Harmony Montgomery has officially been declared dead as her mother seeks to file a civil lawsuit.

www.cbsnews.com

Judge Beth Kissinger said that in light of Adam Montgomery's murder conviction, Sorey's request was granted and she will be appointed administrator of her late daughter's estate as long as she follows certain conditions set by the court.

 

[PommyMommy]

MAR 12, 2024

Probate judge grants petition to declare 5-year-old Harmony Montgomery 'presumed dead'

A judge has granted a request from the mother of Harmony Montgomery to declare that the 5-year-old girl is presumed dead.

www.wmur.com

"They wanted to keep this case active and going, because obviously, it has been several years since her presumed death and now, obviously, a conviction of murder, so they want to make sure the case stays on track, and this just makes sure that Crystal knows she has some obligations in order to keep the case going," said legal analyst Patricia LaFrance.

The order states that no death certificate will be issued because Harmony's body has not been found. Adam Montgomery refused to attend Monday's probate hearing and has refused to tell anyone where he placed Harmony's body. Searches are planned to continue this spring.

Now that the murder trial is over, Sorey said her priorities are shifting to finding her daughter's remains and to holding the systems designed to protect her child accountable.

Mother of Harmony Montgomery takes first steps in planned wrongful death law

The mother of a 5-year-old girl asked a New Hampshire probate judge on Monday to declare the girl legally dead.

wgme.com

Kissinger did not rule immediately, asking for court paperwork, including the jury's verdict and a probate surety bond from Sorey, which would guarantee she would fulfill her duties under the law as administrator.

 

[simlyme]

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 ?

 

[GeorgiaRai]

Here is my understanding (but IANAL): Simply put, Administrator obligations are:

1. Collect all assets of the deceased
2. Pay all creditors of the estate
3. Distribute what's left

This includes meeting notice requirements, inventory & accounting, reporting to the court, etc. All estate finances are kept separate from the administrator's personal finances, and the estate will likely have its own bank accounts, tax ID number, etc.

The bond acts like insurance for beneficiaries and creditors, just in case the administrator mismanages funds, improperly transfers property, doesn't pay a bill, etc. But, unlike insurance, the bond company expects the administrator to pay them back if the claim is valid.

IMO, a basis for filing a claim against the bond could be something like depositing settlement funds from a lawsuit into your personal account rather than the estate account, or not paying an expert hired to testify on behalf of the estate.

 

[Laughing]

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 ?

As I understand it -- does is any money spent on business, or is it just personal?

Not sure what she wants to do but something like -- purchase of a car with wrap to promote an eventual foundation & travel to speaking events could be OK, purchase of a two-seater Porsche would not.

Travel to a Child Advocacy conference could be, travel to the beach would not.

Stamps, letterhead, phone for an eventual foundation, OK. Gym membership, beauty salon, nope.

Again, just what I understand.

Anyone with better info -- please share!

jmho ymmv lrr

 

[PrairieWind]

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.

 

[arielilane]

@cathyrusson

Coming up on @LawCrimeNetwork - Judge Elizabeth Scherer joins Heather Hansen discussing the Harmony Montgomery case and specifically Adam Montgomery not being present in court. NH senate trying to pass a bill to make it mandatory that he appears at sentencing. Sorry @ImHeatherHansen , caught you with your eyes squinted.

https://twitter.com/x/status/1770163500318691338

3:00 PM · Mar 19, 2024

 

[lightofmine99]

I'm sorry, but I thought he HAD to appear at sentencing, and that only the trial wasn't a requirement?

 

[PommyMommy]

#NewHampshire lawmakers want to make sure people who are convicted of serious felonies attend their sentencing. The new law stems from the conviction of #AdamMontgomery who was just found guilty of killing his 5-year-old daughter, #Harmony.

Montgomery chose to waive his right to appear and didn’t show up to a single day of his murder trial. Legally, he doesn't need to show up to his sentencing either.

Law&Crime’s @ImHeatherHansen breaks down the new push with retired #Florida judge Elizabeth Scherer.

https://twitter.com/x/status/1770206447177277787

 

[PommyMommy]

Advocating for his bill to compel Class A Felony defendants to appear for trial and sentencing, Rep. @ShurtleffSteve notes that currently the prosecution in the Harmony Montgomery case has to file a motion to try to get Adam Montgomery to attend sentencing. #NHPolitics #WMUR

https://twitter.com/x/status/1770487936145924351

 

[Seattle1]

Did NH learn nothing after handing over Harmony to a monster?

Bio-mom is currently facing criminal charges for abandoning this child at birth in the freezing woods. Her response to police: 'What do they tell you when a plane goes down? Save yourself first.'

Mom given custody of one-year-old son despite abandoning him in woods

Alexandra Eckersley, the adopted daughter of Major League Baseball's Dennis Eckersley , appeared in court in Manchester on Friday for a hearing ahead of a criminal trial.

www.dailymail.co.uk