Trending Now

Probate Funding: A Useful Option for So Many (Part 1 of 4)

The following is a contributed article by Steven D. Schroeder, Esq., General Counsel/Sr. Vice President at Inheritance Funding Company, Inc. since 2004. 

There have been a few recent articles written on the topic of Probate Advances.[i] Probate Advances are available because a handful of companies are willing to assume a risk and provide funding in return for a partial assignment of a beneficiary’s interest in an Estate, and to a lesser extent Trust Proceedings. One critic has conflated Assignments to Loans without a fair analysis of the many differences between the two legal maxims.[ii] This 4-part series expands upon those differences and provides a legal and practical perspective as to why Probate Advances are a useful option for so many.

Why is Probate Funding Needed?

Probate Funding is growing in importance due to the increasing percentage of the population (i.e. baby boomers) who die annually and have their Estates and/or Trusts go through probate administration. In theory, the process of distributing a Decedent’s estate should not be complicated. But in practice, administration is rarely quick and easy. Even simple or uncontested Probate administrations take no less than eight (8) months to a year to finalize, while the vast majority of administrations of Probate or Trust Estates take much longer.

Due to funding and short staffing issues, many Courts set hearings months out even on uncontested petitions. Quite often, because of questions relating to the admissibility of a Will, the location of intestate heirs, and/or questions regarding those who may be an interested party, it can take a year just to have someone appointed personal representative.[iii] Moreover, once a Personal Representative is appointed, notice is required to be given to creditors which affords creditors anywhere from four (4) months to one (1) year to file a claim, depending upon the jurisdiction. Then, there is the tedious process of locating and marshalling bank accounts and investments, cleaning up and disposing a lifetime of possessions and/or marketing the Decedent’s real property. Rarely are homes sold within a year, even under the best market conditions. Some properties are occupied by holdover tenants or relatives. Even after the property is liquidated, the process of closing an estate through an accounting, setting a hearing and obtaining Court approval, can take many additional months even if the accounting is uncontested.

Because of the inherent delays of administration, some heirs, who have pressing financial needs (i.e. debts, foreclosure, rent payments, et. al.), are relieved to know that there is a product provided by Probate Funding Companies which can solve their personal financial problems while probate is ongoing.[iv] Whether the purpose of the funds is to prevent foreclosure, pay rent, pay medical bills, pay household debts or pay for continuing education, it makes simple economic sense that individuals would choose to minimize their risks by obtaining an advance now by assigning a fraction of their future and undetermined interest in an estate, rather than waiting for months or years to receive a distribution.

A Case for Probate Funding

Vivian Doris Tanner died in Shasta County, California on April 22, 1997. Her May 10, 1992 Will was admitted to probate by Order of the Probate Court on June 16, 1997 and her named Executor, Earl C. Tanner, Jr. was issued Letters Testamentary with full authority under the Independent Administration and Estate’s Act.  Pursuant to the Will, the named beneficiaries were Helen L. Tanner (20%), Marsha L. Tanner (20%), Katherine L. Courtemanche (20%), Erla Tanner (20%) and Earl C. Tanner (20%).

In February 2009, Robert Frey, an Attorney in Reno, Nevada contacted Inheritance Funding Company, Inc. (“IFC”) on behalf of his client Helen Tanner, a resident of Incline Village, because his client was experiencing hard times due to the crash of the real estate market. His client needed a significant influx of cash ($100,000.00 or more) in order to prevent the foreclosure of her properties while administration of her mother’s estate was pending.

The only remaining assets of the Estate at that time were the Decedent’s interest in Tanner Construction, Inc. which owned a 20% interest in the Dublin Land Company.  IFC was informed that there was ongoing litigation with the Dublin Land Company, including a partnership dissolution suit and a partition action set for trial in the latter portion of 2009. After completing its due diligence, IFC approved funding a $100,000.00 advance for Helen Tanner in consideration of a fixed sum Assignment in the amount of $192,000.00.[v] Shortly thereafter, two (2) other heirs (Marsha Tanner and Katherine Courtemanche) contacted IFC and applied for smaller cash advances, which were also approved.[vi]

During the course of administration, the Executor (Earl Tanner, Jr.) filed at least nine (9) annual status reports requesting continuances of administration until the litigation was resolved and the Dublin land was sold.  Finally, on or about November 23, 2017, the Third and Final Account and Report of the Executor was filed and set for hearing on December 11, 2017. The Account was approved, as were IFC’s three (3) Assignments, which were paid off in full on December 27, 2017, approximately nine (9) years after Ms. Tanner’s original $100,000.00 advance was funded.[vii]

The Tanner case and others like it illustrate the inherent risk in Probate Funding. It took IFC nearly a decade to collect its Assignments in the Tanner case, while in many other cases the funder never collects. With that risk of non-repayment in mind, we now turn to the legal distinctions between Assignments and Loans.

Stay tuned for Part 2 of our 4-Part series, where we explain the differences between Assignments and loans, with reference to relevant case law.

Steven D. Schroeder has been General Counsel/Sr. Vice President at Inheritance Funding Company, Inc. since 2004. Active Attorney in good standing, licensed to practice before all Courts in the State of California since 1985 and a Registered Attorney with the U.S. Patent and Trademark Office. 

—-

[i] Horton, David and Chandrasenkher, Andrea, Probate Lending (March 24, 2016). 126 Yale Law Journal. 102 (2016); Kidd, Jeremy, Clarifying the ‘Probate Lending’ Debate: A Response to Professors Horton and Chandrasekher (November 16, 2016). Available to SSRN: https://ssrn.com/abstract=2870615; Lloyd, Douglas B., Inheritance Funding: The Purchase of an Assignment From an Heir to a Probate or Trust, Litigation Finance Journal (October 31, 2017), http://litigationfinancejournal.com/inheritance-funding-purchase-assignment-her-probate-trust/.

[ii] Probate Lending, supra. Professors Horton and Chandrasekher, supra.  Article entitled ‘Probate Lending’.

[iii]  In many instances an executor or proposed administrator who is a family member cannot qualify for a bond.

[iv] IFC has been providing cash advances in the field for over 25 years.

[v] The Assignments included a negotiated provision for early payoff rebates which reduced the assigned amounts to $140,000.00 and $166,000.00 if paid off within 12 and 24 months respectively.

[vi] Marsha Tanner and Katherine Tanner each received advances in consideration of a $41,000.00 assignment and a lesser amount with early payoff rebates.

[vii] Helen Tanner’s net distributive share was $661,532.00, less IFC’s Assignment, and an unrelated promissory note she owed to estate.

Consumer

View All

Legal-Bay Lawsuit Funder Launches Legal Funding Calculator for Consumers

By Harry Moran and 4 others |

Legal Bay Presettlement Funding announces their new funding calculator for customers to compare pricing models of lawsuit loans between funding firms. It should be noted that Legal Bay doesn't charge compounding interest like many other legal funding companies, keeping payback costs lower right from the start. As one of the best lawsuit loan companies in the industry, Legal Bay ensures flat pricing, transparent contracts, and a helpful, knowledgeable staff to walk you through every step of the lawsuit loan funding process.

  1. Legal Bay is a direct funder—not a legal funding broker—which is the first distinction customers should make when researching legal funding options. Here's why:
  2. Being a direct funder allows Legal Bay to expedite cases faster, normally within 24-48 hours after applying, once all documents have been received.
  3. Being a direct funder allows Legal Bay to provide lawsuit loans with cap out provisions for cases that qualify without additional broker fees.
  4. Compound rates can grow substantially over the course of your case settlement funding, while flat interest stays the same at about 20% percent every 6 months.
  5. Legal Bay's lawsuit settlement programs are non-recourse which means the client will not have to pay back the loan if the case does not settle.

Chris Janish, CEO of Legal-Bay, commented, "Our funding calculator gives consumers an invaluable tool to compare payback costs. Plaintiffs will see that our direct funder platform means you deal directly with our staff and underwriters—not a broker. Our direct funding model allows for the fastest approvals, reduced rates, and no added broker fees, keeping your costs low. Legal-Bay's flat pricing—as opposed to compounding interest—and our best price guarantee ensures the lowest rates in the litigation finance industry. On large funding amounts, consumers should be aware of payback costs. The savings of Legal-Bay's flat-rate pricing versus contracts with compounding interest can be substantial."

Legal-Bay's funding model is designed to put more money back in the plaintiff's pocket at settlement. If you or a loved one need an immediate lawsuit loan in advance of your impending lawsuit settlement, please apply online HERE or call toll free at 877.571.0405 where agents are standing by.

Legal-Bay assists plaintiffs in all types of lawsuits, including commercial and mass tort litigation, personal injury cases, slip and fall accidents, property damage, car accidents, medical malpractice, wildfires, and many more. If you're looking for the lowest rates in legal funding, legal funding companies without broker, flat rate pricing or simple pricing legal funding companies, easy to use funding calculator, calculator for lawsuit loans, then Legal Bay is here to help.

Their loan for settlement funding programs are designed to provide immediate cash in advance of a plaintiff's anticipated monetary award. While it's common to refer to these legal funding requests as settlement loans, loans for settlements, law suit loans, loans for lawsuits, etc., the "lawsuit loan" funds are, in fact, non-recourse. That means there's no risk when it comes to loans in lawsuit settlements because there is no obligation to repay the money if the recipient loses their case. Therefore, terms like settlement loan, loans for lawsuit, loans on settlement, or lawsuit loan funds don't necessarily apply, as the "loan on lawsuit" isn't really a loan at all, but rather a stress-free cash advance.

For more information about lawsuit loans, please visit us HERE or call toll free at 877.571.0405 where a skilled agent can answer any questions you may have.

Legal-Bay Pre-Settlement Funding to Begin Funding Hawaii Wildfire Claims After Major Supreme Court Decision

By Harry Moran and 4 others |

Legal-Bay, the Pre Settlement Funding Company, announces today that they are committed to funding their clients in Hawaii who are dealing with wildfire claims. In light of the Aloha state's Supreme Court ruling last week, a previously stagnant $4 billion settlement has now been allowed to proceed, providing financial assistance to numerous displaced Hawaiians still dealing with the after-effects of the deadly inferno.

The 2023 Lahaina wildfire on the island of Maui was the most devastating United States fire in over a century. It killed over 100 people and turned entire towns into ash. Thousands of lawsuits against those responsible for the blaze--including Hawaiian Electric, Kamehameha Schools, the state of Hawaii, and Maui County—soon followed. While the $4 billion offer doesn't come close to covering the $5 billion in property damage—not to mention the incalculable loss of life—attorneys accepted the offer amidst rumblings that the main defendant, Hawaiian Electric, might declare bankruptcy.

Between homeowners, renters, and businesses, insurance companies have already paid out $1.5 billion to victims and are expected to pay out close to $1 billion more. Monday's ruling is a good way for insurance companies to receive reimbursement as well as victims to receive future payouts, paving the way for all parties to move forward with their claims. The case is scheduled to be sent back to a Maui judge to determine what comes next.

Chris Janish, CEO of Legal-Bay, commented, "My personal connection to Lahaina and its residents makes seeing the devastation that much harder. We are committed to immediately funding wrongful death wildfire cases in large funding amounts for those families that need it. And we will be assisting renters who are displaced by getting cash advances to help them until a final settlement comes.  Our experience in California wildfire cases enables our underwriting team and staff to process approvals quickly for renters, homeowners, and commercial claims."

If you are a lawyer or plaintiff involved in an active wildfire lawsuit and need an immediate cash advance settlement loan against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Legal Bay has a long history dealing with wildfire lawsuits, as they've been a leader in almost every case over the past seven years. They were one of the first companies to fund PG&E plaintiffs during the California Camp Fire lawsuits back in 2018, and they've remained involved throughout every wildfire and natural disaster since. They are dedicated to supporting their clients in need of financial assistance, specifically those that are dealing with the aftermath of natural wild fire disasters in places like Hawaii, Oregon, Washington, and California.

Numerous renters, homeowners, and business owners have been temporarily displaced, or seen their homes and companies destroyed altogether. Amidst the devastation and uncertainty, people who have been affected by tragedy need help and they need it now. In these circumstances, legal funding—sometimes referred to as "lawsuit loans" or "settlement loans"—can be immensely beneficial. Legal-Bay is leading the charge to provide loans for settlements to affected residents as soon as possible.

As a leading lawsuit funding provider, Legal-Bay knows that relocation efforts can cost their clients money they don't have. Some are looking into loan settlement options in order to fund basic living expenses while they get their lives back on track. A loan for settlement can also help bridge the gap of time it will take to receive that eventual check from the insurance company. Legal-Bay is proud of the numerous funding they've provided for their current crop of clients along with providing a multitude of loan on lawsuit options for any future financial needs.

If you're the plaintiff in an existing wildfire lawsuit and need an immediate advance against your anticipated cash settlement award, you can apply HERE or call: 877.571.0405

Legal-Bay lawsuit funding remains vigilant in helping clients who have seen their homes and properties damaged by recent events. Additionally, any new clients that have an existing lawsuit and need cash now can apply for regular settlement funding to help them get through their own crises. Legal-Bay funds all types of loans for lawsuits including personal injury, slips and falls, car accident lawsuit, property damage, commercial litigation, and more.

Legal-Bay is one of the best lawsuit loan companies when it comes to providing immediate cash in advance of a plaintiff's anticipated monetary award. The non-recourse law suit loans—sometimes referred to as loans for lawsuit or loans on settlement—are risk-free, as the money doesn't need to be repaid should the recipient lose their case. Therefore, the lawsuit loan funds aren't really a loan, but rather a cash advance.

To apply right now, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by.

Legal-Bay Lawsuit Funding Announces Closing of $10MM Senior Secured Notes

By Harry Moran and 4 others |

Legal-Bay, the premier legal funding company, announced today the closing of $10MM in senior secured notes for their short-term growth plans. Legal-Bay, established in 2006 and one of the oldest legal funding firms in the "Lit Fin" industry, is now poised to aggressively fund car accidents, slip and falls, personal injury, sex abuse cases, sex harassment on job, wrongful termination, discrimination, Bard hernia mesh cases, Hawaii and California wildfire cases, and a slew of other cases with their increased capital commitment.

Chris Janish, CEO of the company, talked about the company's goals, "With this new capital commitment and consistent recurring origination flow each quarter, we are excited about the future. We have a target to become one of the largest legal funding portfolios in the industry over the next four years. This initial capital closing is a bridge for more substantial capital needs over the next twelve months with our business model projecting $25MM to $30MM in additional assets to absorb our anticipated sales growth." 

Legal-Bay is known as one of the best lawsuit funding companies in the industry for their 24-hour approvals and great customer service. They have enlarged their staff to take on the increased volume of clients applying for loans on lawsuits. 

If you are involved in a car accident or another lawsuit that is lagging in the courts and need cash today, you may apply right now for a cash advance on your case.

If you are a plaintiff or attorney involved in an active lawsuit and need an immediate cash advance lawsuit loan against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Legal-Bay's loan settlement programs are designed to provide immediate cash in advance of a plaintiff's anticipated monetary award. The non-recourse law suit loans—sometimes referred to as loans on lawsuit or loans on settlement—are risk-free, as the money doesn't need to be repaid should the recipient lose their case. Therefore, the lawsuit loan isn't really a loan, but rather a cash advance.

To apply right now for a loan on lawsuit program, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by.