Do Inheritance Loans require a Court Order in Southern California

My former attorney advised me to get an Inheritance Loan for $20,000.00 to Administer my Grandmother's Estate. $$8,000.00 for his retainer fee and 12,000.00 to take care of Estate Affairs.

Inglewood, CA -

Attorney Answers (3)

Christine James

Christine James

Probate Attorney - Roseville, CA
Answered

Yikes - probate attorney fees are not allowed to be paid prior to court order which doesn't typically happen until the end of the probate. I strongly suggest you have an attorney review this matter for you as estate inheritance loans are very expensive and if the attorney inappropriately took fees, he should be responsible for the costs of the loan, at least!

Michael Raymond Daymude

Michael Raymond Daymude

Probate Attorney - Sherman Oaks, CA
Answered

I concur with Ms. James' answer if this is a probate estate. If it is a trust estate, however, very different rules apply and the attorney's suggestion may be a necessary evil depending on the financial status of the trust.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
Charles Adam Shultz

Charles Adam Shultz

Probate Attorney - Los Angeles, CA
Answered

Based on your question, this sounds more like a personal loan to you as an advance on your inheritance. Probate Fees for attorneys are statutory. 4% first 100K, 3% next 100K, 2% on the next 800K and 1% thereafter. Fees are based on gross values. Filing fee is $435, and cost for probate referee is .1% of 1% of appraised value for real property and personal property other than cash.

If this is a probate, you should be very leery of the attorney. It does smell right.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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