What is the difference between a loan and a probate cash advance?

May 5, 2017

I will begin by stating that while most people think of a probate cash advance as a loan, this is generally not the case. Most probate inheritance cash advances are actually assignments of interest. The heir has a probable inheritance coming their way, but often cannot wait until the completion of the court supervised process, for all or part of the inheritance. This may literally take 18 months or more. An assignment of interest isRead more

How Is the Administrator of an Estate Determined?

Mar 2, 2017

In the Estate where a Will is offered for probate, a proposed executor (and sometimes an alternate) is nominated in the Decedent’s Will.  The deceased will generally choose a trusted family member, and occasionally they will choose an unrelated trusted individual such as a lawyer, financial specialist, or private professional fiduciary. In an Estate where there is no Will, and thus no named Executor, there is a default statutory priority as to who can beRead more

Does your Probate Estate includes Property with Outstanding Mortgage Balance?

Jan 11, 2017

What to do when a probate estate includes property that has an outstanding mortgage balance? Most often, a probate estate includes a home or other properties that have an open mortgage balance. It is crucial that payments on the mortgage are kept up to date. It is the obligation of the estate administrator to see this is done (if possible), to ensure that the home, including equity, is not lost to foreclosure. Of note, theRead more

The Advantages of a Probate Cash Advance

Oct 3, 2016

You have just learned that you are an heir to a probate estate.  Of course you are saddened by the loss of a loved one, but adding to your woes, you learn that it will probably take 12-18 months for you to have access to your share of your inheritance.  Frankly, it may even take much longer.  The Court supervised process managing probate is cumbersome and lengthy. If there is more than one heir, thereRead more

Do You Need a Probate Attorney?

Aug 16, 2016

In the State of California, the executor of an estate has the right to hire a probate attorney to assist in the management of process, or to keep matters in their own hands. If the executor wishes to control the process by themselves, the estate is called “in pro per”. That signifies that there is not an attorney supervising the process. In either case, the process will still be overseen by the Courts. Often this decision is bestRead more

What is an Estate, and What is Estate Tax?

Jun 2, 2016

What is an Estate? We spend the majority of our lives working, raising our families, and putting aside some money towards our retirement.  Hopefully during this time, we have accumulated some savings, perhaps an investment, and a home that has appreciated in value.  This is called is called our Estate.  This is the cash and property that we wish to leave our heirs as inheritance when we pass.  The value of our Estate is determinedRead more

Why Estate Planning is Beneficial

Apr 19, 2016

Almost no one knows the date of their impending passing.  Most of us do have an idea or general plan on how we would like to see the assets of our estate distributed upon our death.  Unfortunately, we do not always get around to making our wishes properly documented.  Often that can be a very costly mistake to those whom you wish to leave your accumulated assets.  Besides the obvious assets of cash, stocks andRead more

I Want My Money Now!

Mar 14, 2016

Someone close to you has passed, and you are an heir in their estate. If the estate is going to be probated in the State of California, the process will generally take between 12-24 months to come to conclusion, with funds distributed to the heirs. You need or want a portion of your inheritance now. Personal expenses or those related to the estate must be paid, and that is a very long time to wait for distribution. YouRead more

How to Avoid an Heir Cash Advance Scam

Feb 24, 2016

It seems whenever the economy takes a turn for the worse, we experience a rise in scams that prey on those that our most needy citizens.  Many of these scams seem to come from Nigeria, through the U.K.  Individuals here in the U.S. are contacted by phone or mail, claiming that they are going to be recipients of a substantial inheritance.  This inheritance is coming from a long lost or unknown relative. Generally the callerRead more

Is an Inheritance Cash Advance a Loan?

Jan 19, 2016

The simple answer is that an inheritance cash advance provided by Advance Inheritance is not a loan.  A loan generally includes a specific pay off date.  When Advance Inheritance provides funds, there is no specific pay off date, we are repaid when the probate estate is completely settled and the court has approved the distribution of funds.  This period may be as little as a year from the opening of probate administration, to as muchRead more