Probate Loans Against an Estate
The assets from an estate cannot be distributed to heirs until after the probate process is completed. Probate can last anywhere from 6 months to 3 years. During this lengthy process, heirs may find themselves in a situation in which they need to borrow against the estate property and receive an inheritance advance (probate advance). Probate loans allow an heir to borrow against real estate within their inheritance until the probate can be settled.
Probate Loans to Satisfy Estate Obligations
During the probate process, the heirs may need a probate advance to obtain funds to take care of numerous financial obligations related to the estate such as paying for funeral costs, legal expenses, making mortgage payments, paying property taxes, settling debts or claims on the estate, making repairs to properties or buying out or paying off other heirs. An estate loan allows the heir to quickly borrow against real estate within the estate and receive funds to satisfy various immediate obligations of the estate. Loans against probate real estate assets can provide heirs and beneficiaries with some much needed breathing room during a difficult time.
Probate, Estate & Trust Loans for Attorneys & Fiduciaries
North Coast Financial works directly with attorneys and fiduciaries who need to borrow against real estate on behalf of a client’s estate or trust. We assist administrators, trustees, and executors in need of fast funding for short-term loans against an estate or trust. The borrowed funds can used to pay attorney fees, pay off other heirs and siblings, pay taxes, settle debts or handle any other obligations of the trust or estate. A probate attorney, administrator, executor, trustee or beneficiary is able to initiate the request to obtain the probate or estate loan.
How to Refinance an Inherited Property to Buy Out Heirs
When heirs inherit property a problem frequently arises when one heir wants to maintain ownership while other heirs wish to sell their interest in the inherited property for cash. The heir who wants to keep the property may not have enough cash to simply pay off the other heirs (siblings) so they must pursue an option for refinancing the inherited property. A home equity loan on inherited property from a hard money lender is often the fastest and easiest solution to raise cash in order to buy out siblings of their interest in an inherited home.
Refinancing inherited property typically cannot be done by a traditional lender such as a bank or credit union. The title to the inherited property is often in the name of the trust or estate. Because the title of the property is not in the borrower’s name, getting a mortgage on an inherited property from a bank will be extremely difficult or impossible. Banks generally aren’t interested in refinancing a property with multiple heirs.
The solution to this problem is working with a hard money lender who understands how to refinance an inherited property to buy out heirs. Prior to refinancing the inherited property, the heirs must agree on the current value of the inherited property and determine the amount of cash each heir will receive for their buy out.
Experienced direct hard money lenders such as North Coast Financial have the ability to provide heirs with a home equity loan on inherited property (real estate). These loans have numerous different names such as probate loans, probate estate loans, probate real estate loans, estate loans, trust loans, estate inheritance loans, inheritance loans and inheritance property refinance loans. These loan types all provide the heirs with a cash out refinance on inherited property.
Hard money lenders are able to refinance inherited property as they can make the loan directly to the trust or estate and have the borrower (heir) assume the loan. The loan proceeds are distributed to the heirs receiving the buy out for selling their share of the inherited property.
When the refinance of the inherited property is complete, the borrower/owner will be able to transfer title of the property into their name and apply for a bank loan to obtain a lower interest rate and longer loan term.
Inherited House with No Mortgage vs Inherited Property with an Existing Mortgage
Inheriting a house with no mortgage is the ideal situation as it provides larger equity distributions for the heirs. In a situation where the heirs have inherited property with an existing mortgage, the existing mortgage will need to be paid off, unless the heirs only are only in need of a small 2nd loan behind the 1st. The amount of equity available to the heirs will be reduced by the current balance of the existing loan.
Trust Loans to Beneficiaries
Preserving the Assessed Tax Value of the Property
Trust loans to beneficiaries allow heirs to obtain a short-term loan against real estate with the loan proceeds going towards satisfying one of the heir’s interest in the trust. Then the property can subsequently be deeded to the other heir who wishes to maintain ownership of the real estate. There may be favorable tax and property tax benefits when property passes from a parent to a child so a tax professional or attorney should be consulted.
The goal of this type of favorable tax transaction is to have the property pass from the parent’s trust to a child (while paying off one or more beneficiary’s interest) in such a way that does not cause a reassessment of the property value. Maintaining the existing tax assessment value may save the beneficiary thousands of dollars each year in the form of lower property taxes. This yearly savings makes the trust loan an excellent investment.
*Note: Current California regulations may allow a reassessment exemption when property is transferred from a parent to a child or grandchild. Regulations in other states may vary.
Trust Loans to Beneficiaries – An Example
If a trust distributes to two children (trust beneficiaries) and then one of the children acquires the other 50% ownership from the sibling, the property can be reassessed (at least to the 50% interest being acquired) since the transfer from one sibling to another is not exempt. However, if a trust loan is made to the trust and one sibling receives cash while the other sibling receives the property (100%) from the parent’s trust, then the transfer should be seen as exempt (transfer from parent to child).
Experienced trust loan lenders such as North Coast Financial are able to make the loan to the trust and then make an exception to allow one of trust beneficiaries to assume the loan. Once the title is transferred to the heir receiving the property, the owner can then refinance to a less expensive conventional loan.
Probate, Estate and Trust Loans – Not Available from Conventional Lenders
Conventional lenders such as banks and credit unions are generally not able to provide estate, inheritance, trust or probate loans in Los Angeles or other areas within California. These types of loans require additional documentation and legal knowledge which most banks and credit unions do not possess. Conventional lenders also cannot make a loan to an estate, probate or trust and then have another party immediately assume the loan.
Experienced estate and probate loan lenders such as North Coast Financial have the expertise and flexibility to the make the loan to the estate or trust and then allow the heir to assume the loan and take title to the property.
Reverse Mortgage Refinancing for Heirs
North Coast Financial is also also to provide reverse mortgage refinancing to heirs who wish to maintain ownership of a inherited property that has an existing reverse mortgage. Conventional lenders will not refinance reverse mortgages for heirs but direct hard money lenders can provide this type of funding. A loan can be made to the estate which can then be assumed by the heirs. This allows for the heirs to maintain ownership of the property, have the title of the property transfer into the heir’s name and prevent a reassessment of the property value which can save thousands of dollars in property taxes each year (consult a tax professional or attorney).
Contact North Coast Financial Today
North Coast Financial funds probate, estate and trust loans against real estate in Southern California, Northern California and Central California. Specializing in the areas of Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Francisco Bay Area, Sacramento and other counties throughout California.
Contact North Coast Financial now and have your probate, estate, trust loan or inheritance advance funded quickly.