Category Archives: Probate Q&A Series

How can representatives determine if MCA loans are enforceable against a probate estate in North Carolina? Specifically, what contractual conditions—like default events or business dissolution—trigger personal guarantees, and how might predatory terms or fraudulent transfers allow an estate to avoid or challenge these liabilities?

How Can Representatives Determine if MCA Loans Are Enforceable Against a Probate Estate in North Carolina? Detailed Answer Merchant Cash Advance (MCA) agreements provide businesses with up-front funds in exchange for a share of future receivables or a fixed repayment schedule. Unlike traditional loans, MCAs often use daily or weekly remittances from credit card sales…

How can the structure and contract language of MCA loans prevent personal liability in probate in North Carolina when a business shuts down or an owner dies, and what legal strategies exist to challenge predatory MCA practices?

Detailed Answer Merchant Cash Advance (MCA) transactions work as purchases of future receivables rather than traditional loans. With careful drafting, owners can shield personal assets from claims in probate if the business shuts down or the owner dies. Below we explain how proper structure and contract language accomplish this and outline North Carolina legal strategies…

What should I do if I am wrongly accused of initiating the sale of a probate property in North Carolina when no petition or related paperwork has been filed?

What to Do If You Face a False Accusation of Selling a Probate Property in North Carolina Detailed Answer Being accused of arranging a sale of probate property without any formal petition or paperwork can feel overwhelming. In North Carolina, courts cannot authorize the sale of estate assets unless someone files a proper petition and…

Conditional Sale Provisions in Handwritten Wills: Navigating North Carolina Probate Law Enforcement

Conditional Sale Provisions in Handwritten Wills: Navigating North Carolina Probate Law Enforcement Detailed Answer Handwritten wills in North Carolina must meet the same execution requirements as typed documents. North Carolina does not recognize wholly holographic wills. Every will must comply with N.C. Gen. Stat. §31-5, which demands a valid signature and two witnesses at the…

How can I speak with an estate manager to address my probate inquiries?

How Can I Speak with an Estate Manager to Address My Probate Inquiries? 1. Detailed Answer When someone passes away, the court appoints a personal representative—sometimes called an estate manager—to collect assets, pay debts, and distribute property. If you have questions about probate, talking with the estate manager is often the fastest way to get…

How can I secure a deed for a property when heirs automatically inherit it upon death—even if their names aren’t on the deed—especially if I need to purchase it before full probate and resolve back taxes?

How to Secure a Deed for Property When Heirs Automatically Inherit in North Carolina Detailed Answer Under North Carolina law, real estate passes to heirs or devisees automatically at the moment of a decedent’s death. See N.C. Gen. Stat. § 31-2.1 (testate vesting) and N.C. Gen. Stat. § 29-14 (intestate succession). Still, heirs won’t appear…

What legal steps should I take if another party contests my right to inherit my deceased brother’s property?

What legal steps should I take if another party contests my right to inherit my deceased brother’s property? Detailed Answer When someone challenges your claim to inherit property from your late brother’s estate, you must act promptly and follow North Carolina law. The process varies depending on whether your brother left a will (testate) or…

How can estate administration be handled remotely when I live far from the attorney’s office in North Carolina?

Detailed Answer Living far from your attorney’s office should not delay or complicate estate administration in North Carolina. Modern technology and recent changes in state law allow personal representatives, beneficiaries and attorneys to manage many probate tasks entirely online or by phone. Below we explain how you can handle estate administration remotely under North Carolina…

What should I do if someone is falsely claiming I’m initiating the sale of a probate property?

What Should I Do if Someone Is Falsely Claiming I’m Initiating the Sale of a Probate Property? 1. Detailed Answer Discovering that a third party is spreading false claims about your intent to sell real estate in a North Carolina probate case can create confusion, damage your credibility, and threaten the smooth administration of the…

What steps should I take if someone falsely claims I’ve authorized the sale of an estate property?

What steps should I take if someone falsely claims I’ve authorized the sale of an estate property? 1. Detailed Answer Discovering that someone has falsely claimed you authorized the sale of estate property can cause serious problems. North Carolina law protects estates from unauthorized actions by demanding that only a properly appointed personal representative carries…