Managing the Probate Financing Process

Working with fiduciaries and their attorneys to borrow on behalf of trusts and estates is no small matter with complex probate, national and local real property, and finance lending laws. First Probate Loans manages the probate financing process for short-term loans to trusts and estates, post-property distribution loans, and distributions of trusts and estates.

The following examples illustrate the firm’s highly specialized expertise in assisting fiduciaries, and its reputation for resolving challenging and difficult problems:

• Paying for conservatorship costs: A PFAC member was appointed conservator of an estate with real property valued at $400,000. The fiduciary obtained a court order to borrow $200,000 from First Probate Loans to pay for the ongoing costs of the conservatorship.

• Helping heirs keep the family home: In a case where a PFAC member was named the court-appointed administrator of a decedent’s estate, intestate heirs wanted to keep the family home. The estate, however, had no liquidity to pay administration expenses, including attorney fees, administrator commissions and creditor claims. The member was able to obtain a court order to borrow $50,000 from First Probate Loans. Fees, commissions and claims were ordered paid, with the property distributed subject to the First Probate Loans lien. First Probate Loans then arranged long-term financing for the heirs.

• Netting profits for a trust estate: A PFAC member was named the court-appointed successor trustee (and conservator) of an estate with real property valued at $1.7 million. The first trust deed was $1 million; the member and her attorneys negotiated down a Franchise Tax Board lien of $1.5 million to $100,000. She obtained a court order for a second trust deed, which First Probate Loans funded, to pay off the lien. The court approved the sale of the property for $2.2 million. The PFAC member netted the trust estate $1.7-1.8 million from her services, the sale and the First Probate Loans financing.

Fiduciaries looking to borrow on behalf of trusts and estates, and obtain loans at competitive rates, need a partner that can navigate complicated waters effectively and efficiently. Finding the right firm results in positive results for all parties.