In this webinar, you will learn how ProbateCash helps ease those pressures by offering cash advances directly to heirs, with zero risk to you or the estate.
Marc discusses what ProbateCash does, how it can help you and your clients. With valuable insight into the probate process, this webinar explores how ProbateCash helps attorneys:

• Ease client stress and improve satisfaction
• Free up valuable time that would otherwise be spent fielding repeated calls and managing expectations
• Maintain control over the case while offering heirs a financial lifeline during the often-lengthy probate process
• How an inheritance advance can help clients when their inheritance is stuck in probate. 

What will you learn from the webinar?

• How the ProbateCash model works and why it is structured to protect the estate fully
• The attorney’s role in the process (and what is not required of you)
• You will learn what an inheritance advance is and how it can help your client. 
• Who is right for an inheritance advance
• Typical heir situations that qualify and common use cases
• Real-world examples of how ProbateCash helped other firms save time and delight their clients
• How easy it is to incorporate this solution into your current process

Key Takeaways

• The “Hollywood” Expectation: Most heirs expect an immediate payout upon a loved one’s death. When they realize probate takes months or years, they often become anxious and overwhelm the attorney’s office with calls.
• Non-Recourse Advances: Probate Cash provides funds today and waits for the court’s distribution order. If the estate assets fail to cover the advance, the heir is not personally liable.
• Attorney Retainer Funding: For clients who have assets but no liquid cash, Probate Cash can advance the retainer fee directly to the law firm to open the probate case.
• Estate Property Value: Advances can be used to pay for property repairs and taxes, preventing “fire sales” and ensuring all beneficiaries receive a higher fair market value.

Full Transcript

Molly Driscoll: Welcome to today’s session, “Anxious Heirs Calling Your Office for Their Inheritance: How Probate Cash Can Help.” I’m your host, Molly Driscoll. Our presenter today is Marc Harris, an attorney admitted to the Florida Bar and the Southern District of Florida, and a member of the Florida Bar’s Real Property, Probate, and Trust Law Section. Marc has over 25 years of experience in specialty finance and has overseen the purchase of over $100 million in assets. As the CEO of Probate Cash, Marc is a leader in purchasing interests in actively pending inheritance claims. Marc, could you start by explaining what Probate Cash does?

Marc Harris: Thanks, Molly. I’ve spent most of my career providing upfront liquidity to people waiting for future cash flows. With probate, I noticed my colleagues were constantly receiving calls from frustrated, “anxious heirs.” Laypeople often think probate works like it does on television—the lawyer reads a will, hands over car keys, and everyone leaves happy.

In reality, heirs go to the bank or a realtor and learn they need something called “Letters Testamentary.” They realize they can’t reach the assets without a probate process that takes many months. We fill that void. We provide non-recourse advances today and wait until the estate assets are ready for distribution by a court order before we get repaid.

Molly Driscoll: How does an advance from Probate Cash actually work?

Marc Harris: It’s a simple process. We talk to the beneficiary and the estate attorney to ensure we are dealing with the right people. We verify three things: that the person is a valid beneficiary, that they are entitled to an inheritance, and that the estate has sufficient assets.

We use a simple application—not a loan application—that requires the case number and estate information. Our paralegals and underwriters look at the stage of the probate. We can make advances throughout the entire process, including before letters are issued or during the claims period. Our goal is to purchase only a portion of the inheritance so the beneficiary remains engaged in seeing the probate through to the end.

Molly Driscoll: You’ve mentioned funding in as little as one to two business days. How is that possible?

Marc Harris: It is possible because we are not a lender. I’m not interested in a beneficiary’s credit report, collateral, or their ability to make monthly payments. Because there is no loan application, we can reach a decision very quickly. We do a basic search for child support liens or other intercepts, but otherwise, the process is streamlined for those who need cash imminently.

Molly Driscoll: What are the pros and cons of an inheritance advance?

Marc Harris: The pros are clear: immediate cash for daily needs, funds for the estate to pay taxes, or money for property repairs that can increase the resale value by $100,000 or more. For the law firm, an advance stops the constant “When will this close?” phone calls.

The main con is that our money is expensive. Fees start at 25% of the advance amount. If someone takes a $10,000 advance, they pay back the $10,000 plus a $2,500 fee. I always tell people: do not use this as an ATM or for luxury items like a Disney World vacation. This is for necessities and protecting estate assets. To ensure everyone understands this, we conduct a recorded phone call with every customer to go over the terms and repayment before sending any funds.

Molly Driscoll: How specifically does this help law firms?

Marc Harris: Many people calling a probate lawyer have property they want to sell but no cash to pay a retainer. We can enter a contract with the beneficiary where they authorize us to pay the law firm’s retainer directly. This allows the firm to get paid and start working immediately.

Beyond that, we act as a buffer. We update beneficiaries on the case status so they don’t have to call your office. As an attorney myself, I ensure my team always speaks highly of the probate attorneys; we make sure the heirs know that delays are usually the fault of the court system, not the lawyer.

Molly Driscoll: How does an advance to one beneficiary affect the others or the probate case itself?

Marc Harris: It has no effect on the other beneficiaries. We only enter into contract privity with the person receiving the advance. We are not a creditor of the estate; we are an assignee of a specific portion of one person’s interest. The probate case is not inconvenienced or delayed by our involvement.

Molly Driscoll: Are there laws that govern these inheritance advances?

Marc Harris: Yes, and we welcome the regulation. California was the pioneer with California Probate Code 11604.5, and Utah recently passed a similar law, Utah Code 75-3-918. These laws are very consumer-protective, governing everything from font size to the disclosure of fees. Even in the other 48 states, Probate Cash uses the California and Utah models as our standard. Every assignment is filed with the probate court, ensuring 100% transparency for the personal representative and the judge.

Molly Driscoll: We have a question from an attorney: “Can I be held responsible if Probate Cash doesn’t get repaid?”

Marc Harris: No. These are non-recourse. We have no recourse against the attorney or the heir if the estate assets fall short (absent actual fraud). We don’t ask lawyers to sign anything or “guarantee” the money will be there. However, I believe it is a lawyer’s responsibility to know this service exists so they can properly counsel clients who are in a liquidity crisis.

Molly Driscoll: Can you get an advance before the probate case is even open?

Marc Harris: Yes, provided there is a decedent. We don’t handicap when someone might pass away, but once they have passed, we can advance funds to pay the retainer fees required to open the probate.

Molly Driscoll: Another question: “I represent a plaintiff challenging heirship. Do you make advances in adverse cases?”

Marc Harris: Yes. We have advanced hundreds of thousands of dollars in adverse situations involving litigation, undue influence, or disinheritance challenges. These are handled on a case-by-case basis, so I urge you to call me directly at 561-476-0018 to discuss those specifics.

Molly Driscoll: Thank you, Marc. If you have any further questions, you can reach Marc at 561-476-0018 or email marc@probatecash.com.