The Pros And Cons Of A Probate Cash Advance

By Kenya Campos


The death of a loved one is always traumatic but in many cases the family left behind also has to deal with financial difficulties. This is because inheritances are never paid immediately. In fact, it sometimes takes months for a last will and testament to be finalized and the appropriate shares to be paid to the heirs. If this process causes the family to suffer it may be best to think about applying for a probate cash advance.

The law requires that all estates are placed in probation before any payments are made to the appointed heirs. There are good reasons for this. The estate must settle all its responsibilities and creditors must be given the opportunity to lodge claims against the estate. This process can require months and in complex cases even years. Heirs are therefore only paid when the estate has honored all its obligations.

If an heir finds himself in financial difficulties they can approach loan providers to obtain a loan with their inheritance as collateral. It is a reasonably common practice. In fact, the heir actually signs away his inheritance in exchange for the loan received. When probation is finally completed, the share will be paid to the loan provider and not to the heir.

Most small lenders and many financial institutions offer this type of loan. Property developers are also often interested when the heir can expect some real estate as an inheritance. It is very important to take note that this type of loan can be very expensive. Lenders charge up to forty per cent of the value of the inheritance as a non refundable fee.

Lenders charge such high fees because they are taking a considerable risk. While the estate is in probation it gives priority to the claims of creditors and only once all debts are paid will payments be made to the heirs. In many cases it is necessary to sell real estate on auction in order to honor the debts of the estate. Lenders can therefore easily end up with nothing or with a payment considerably lower than initially expected.

Lenders need to make sure that the will in question is indeed valid. That is why applicants are required to provide certified copies of the last will and testament as well as the death certificate of the deceased. Lenders also require the details of the executor and they will check the validity of the will before making a final decision. In some cases applicants are subjected to credit checks.

Heirs are at risk to suffer serious financial losses. Inheritance loans are very expensive and they should only be considered if no better alternative can be found. Experts advise that applicants obtain legal advice before entering into an agreement with a lender. It is also very important to deal only with lenders that have a long standing reputation and that is accredited as a financial service provider.

Inheritance loans can certainly be helpful in situations where the heir is desperate and when financial difficulties are almost unbearable. It should not be considered unless it is absolutely necessary. Heirs would be better off using inheritances to make their own financial futures more secure.




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