Wednesday, June 11, 2014

The Pros And Cons Of A Probate Cash Advance

By Kenya Campos


It is a sad fact that the grief experienced at the death of a loved one is often made worse because those left behind are experiencing financial difficulties. This is often the case when the one that passed away was the sole bread winner for the family. Unfortunately, even if the person that died made good provision for his or her loved ones, inheritances may take a while before they are made available to the heirs. In such cases a probate cash advance can be considered.

All estates are held in probation for a period after the death of the testator. Inheritances to heirs are made only after probation is completed. This may take months or even years, depending on the complexity of the estate and its debts. Probation allows creditors to lodge claims against the estate and they are paid before heirs can receive their share. If the estate owes too much, it may even happen that heirs will receive nothing.

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.

Applicants can approach a variety of lenders for inheritance loans. Many financial institutions and most small lenders approve such applications. If the inheritance is in the form of property even real estate developers can be contacted. Applicants must expect to pay a fee of up to forty per cent of the value of the inheritance. This is 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.

When applying for an inheritance loan, it is necessary to provide certified copies of the last will and testament. Applicants also need to tender their own identity documents and full details regarding the executor of the will. With this type of loans lenders often perform a credit check on the applicant. Lenders will also contact the executor to determine the inherent risk involved in making the loan.

Experts warn that inheritance loans should only be considered if there are no alternatives. They are extremely expensive and heirs risk losing their financial security in exchange for a short term solution to their financial problems. It may be best to apply at several lenders and to carefully study the terms and conditions offered by each before making a decision. Great care should be taken to make sure the lender is properly registered.

It is a sad fact that many heirs waste their chances of building a secure financial future simply because they desire instant gratification. Inheritance loans should only be a very last resort and only in cases where there are absolutely no alternatives. An inheritance should be seen as a gift that should be used wisely.




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