Probate Lending: Data From San Francisco
169 U. Penn. L. Rev. Online
13 Pages Posted: 26 Oct 2020
Date Written: September 24, 2020
Recently, “probate lenders” have started to advance cash to heirs and beneficiaries in return for part of their interest in a pending decedent’s estate. This Article advances our understanding of this phenomenon by analyzing an original dataset of 1,119 probate matters from San Francisco. Capitalizing on a California statute that requires probate lenders to file their contracts in the court record, the Article offers insights about the contours of the industry, why people borrow against their inheritances, and the fairness of these transactions. The Article concludes that probate lending raises serious consumer protection concerns.
Keywords: probate lending, fringe lending, fringe finance, usury, consumer protection, payday lending
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