Tuesday, June 10, 2014

The Pros And Cons Of A Probate Cash Advance

By Kenya Campos


A death in the family is always a traumatic affair and this is often made worse when the family suffers financially. This often happens when the bread winner passes away. Luckily, heirs are able to apply for a probate cash advance to help them weather the immediate financial storms. These types of loans came into being because it often takes a long time before heirs receive their share from the estate of a loved one.

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.

There are many institutions that will accommodate this type of loan. If the inheritance is in the form of real estate developers can be approached for a loan. Many developers obtain properties at very reasonable prices in this way. Small lenders and most financial institutions will also consider such loans. However, it is important to note that lenders typically charge between ten and forty per cent of the loan amount as their handling 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 are careful when considering applications for inheritance loans. They will probably do a credit check on the applicant. The applicant must also submit copies of the will and the death certificate of the testator. Lenders also require full details of the executor of the will and they will make sure that the inheritance is genuine and valid. The executor can also give the lender an idea of how long the probation period will last.

Heirs need to be extremely careful when considering an inheritance loan. It is a very expensive type of loan. Experts advise that applicants approach several potential lenders before accepting a loan. It is also vital to scrutinize the terms and conditions offered by the lender. It may be wise to seek legal advice. Care must be taken to deal with registered and reputable lenders only.

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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