Posted by sue_pa on 12/3/13 7:54pm
Msg #494876

probate cash advance

I've seen these for California inheritances -it's been quite a few years since I've done one so I can't remember what the documents contained, just the general jist of how it works.

does anyone in California have a copy of the agreement or paperwork for one of these?

I've got a similar type situation where someone owes me money and I'd like to create some type agreement along these lines.

Reply by BrendaTx on 12/3/13 8:41pm
Msg #494888

Well, hello stranger!

I have never heard of one of these, but it is a great idea if it works.

It is better than being an unsecured claimant, which would be your position in the estate (in Texas, anyhow).

Secured claims are paid first, then the others are if there is any money.

Reply by MikeC/TX on 12/3/13 9:33pm
Msg #494896

Welcome back, even if it's just for a quick visit...

Not sure exactly what you're looking for, but you can give it a look:

http://www.courts.ca.gov/forms.htm?filter=DE

Reply by JanetK_CA on 12/4/13 3:49am
Msg #494921

I wish I could help! But I agree with Brenda and Mike - great to see you posting here!!

Reply by sue_pa on 12/4/13 7:06am
Msg #494931

thanks for the kind words.

Mike, thanks for the link but what I'm looking for isn't a court document - it's along the lines of a structured settlement ... companies "purchase" your inheritance from you and, naturally, charge you - you get an "advance" on your inheritance. You sign some type agreement and then when the estate is distributed the company gets their money before you get any.

Trying to get an "iron clad" agreement drawn up so I can get someone's inheritance before they spend it and don't pay me my money !!! Am going to have an attorney take care of this for me but I've NEVER seen this type program here on the east coast and the attorney never heard of it either - the ones I've done have all been for California estates w/decedents living here.

Reply by Linda_H/FL on 12/4/13 7:33am
Msg #494933

From what I'm seeing on a quick google search

these are limited to heirs of the estate - not creditors.

http://voices.yahoo.com/probate-loan-obtaining-cash-advances-inheritance-6402416.html

I'm guessing (note *guessing*) that filing a claim against the estate is the only way to secure your debt...and not sure that a CA procedure would help you in PA unless it's a CA estate...

Good luck...this is interesting..