Frankly, the possibilities are almost limitless and the resulting variations permit financing to be tailored to the needs of all parties to an estate, especially the attorney. Fund proceeds go to estate for attorney, creditor or other distribution. Borrower wishes to retain property for own or others' benefit. Fund proceeds go to estate for attorney and creditor distribution. Borrower acts only in fiduciary capacity.
Borrower wishes to retain property for benefit of others.
Fund proceeds go to estate for attorney and creditor distribution. Borrower wishes to retain property for own or others' benefit. Fund proceeds go to estate for attorney and creditor distribution. If trustee authority an issue, Nunc Pro Tunc order can often resolve. Permits maximum flexibility to structure financing without transfer or tax flagging.