4/19/2014

Learn More About Probate Cash Advance

By Essie Osborn


A decedent may state in his last will that a certain beneficiary will receive some money which is probate money. The beneficiary is the heir in this case and for him to receive a probate cash advance, he will have to possess an inheritance property which acts as collateral. The heir assigns his rights to inherit to the funding source in exchange for some amount of money.

It is usually not the responsibility of an heir to repay the advances. The sources of the funds have a duty to file claims to the decedent estates. Those advances obtained can be beneficial but only in cases where they are suspended for an extended period of time. The probate on the other hand settles the estates through a process which could take a number of months.

The value of the suspended inheritance property may depreciate with time. At times it may have to be sold so that the debt of the creditors can be paid. Exchanging inheritance assets for advances of cash means that the heirs have to act as the probate laws of the state outline. The funding sources that provide the advances include private investors and cash advance companies. Financial institutions may also fund the heirs if they are entitled to property like motor vehicles.

The process of making the settlements may be a period of several months. In a case where financial estates get depleted due to one reason or another, the funding source is left to bear the costs incurred. The funding source is not in a position to pursue the estates legally if there has been no restitution made. The heirs on their side will not receive the full amount of value.

The funding sources therefore charge an upfront fee and this fee is deducted from the advances. The amount is usually about ten to forty percent of the value of that asset. It is the heirs who are responsible for the full amount charged on the estate in form of tax.

Heirs should have all the necessary information before getting into these contracts. Details about the total cost of getting the loans are vital for him to know. If the settlement takes place in just a few months, he should not pay taxes for money that he may not even get instead he should hold on. However it would be wise to get a cash advance if the will is being contested because this means the settlement period may get extended.

However, one should consult with a tax accountant, a lawyer or a financial planner. He will help you discover what the advantages and disadvantages of your decision are. These professionals have the ability to calculate the risks involved and assist the client in making the right decision.

The advances however are only given to those who have met certain requirements. Background and credit checks are done on the clients to determine if they meet these requirements. If the client does not have any outstanding debts, he will be fit to receive the money.




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