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Ruth Elaine McMahon

Ruth McMahon’s Answers

3,729 total


  • Can I challenge a sibling to become executor of estate of my mother if my sibling has petitioned? If so how long do I have?

    In the state of Ohio, can I challenge my sibling, who lives out of state to become executive of my deceased mothers estate if she has already petitioned to become it with out consulting me? If so how long do I have? Please note that I am an Ohio...

    Ruth’s Answer

    Does your mother have a Will? If so, who is appointed executrix. If your sister was appointed, it will be difficult for you to become executrix. Please consult an estate attorney ASAP, He or she can check the court docket, etc. and will know how long you have to challenge the appointment. Challenging depends on what documents you may have received from the court.

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  • Can I get guardianship of my niece and nephew and remove two co-guardians who are of no relation to the children

    My sister is the mother of my niece and nephew, ages 4 and 2. She agreed to give temporary custody to people who are friends of a step parent. Shortly after they petitioned for guardianship and were appointed as co-guardians because my sister was...

    Ruth’s Answer

    Most guardianships do not require the wards to live with the guardian. Consult a guardianship attorney for advice.

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  • Can and how do I file for adult guardianship of my 39 year old son who has mental heath problems if we live in different states?

    My son is a 39 yr. old with a diagnosis of schizophrenia. He has been ill the last 12 years. He receives S.S. disability and lives in the state of Michigan (Detroit). His mental heath is deteriorating with increased signs of paranoia and the i...

    Ruth’s Answer

    Please consult a Michigan guardianship attorney to discuss this. Your son would not have to go to court but he will need to be examined by mental health specialists. You can have a co guardian or a professional guardian - a professional guardian would be better than an attorney. Good luck,

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  • Inheritance

    My grandmother in fathers side left me money when she died, so of course i was to young to manage it at the time so my father has. Now i have asked him to allow me to have it to catch things up, and pay medical bills and deductibles. He is not wil...

    Ruth’s Answer

    Your rights are gioverned by the document that left the money to you. You can also ask your father what restrictions your grandmother put on releasing funds to you - it may be age, it may be financial reasons, etc.

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  • My mother wants to make me power of attorney. What type of lawyer I need to seek?

    Power of attorney lawyer

    Ruth’s Answer

    Your mother should consult an estate planning attorney to draft the POA that she needs.

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  • If you are appointed conservator for a adult how do you rescuse yourself?

    I signed a friend (not my wife) out of the hospital. Her ex called me and said she need me. I show up and the next thing I know is I had to go to court and she wanted me to be her guardian and I said no. But the court assigned me anyway. It lead t...

    Ruth’s Answer

    Please consult a guardianship attorney ASAP. It should not be difficult for you to resign, but the attorney should help you by preparing the appropriate documents.

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  • As durable power of attorney for an elderly friend, can I draw up papers naming someone to take over responsibility if needed?

    I am durable power of attorney for health/financial, for a good friend who lives in an assisted living facility. She has mild-to-moderate dementia. The POA we currently have was drawn up and notarized prior to her cognitive decline. Although I am ...

    Ruth’s Answer

    Look through the DPOA document carefully to see if an alternate has been named. If no one has been named, check to see if you are allowed to name someone. The DPOA controls. If you cannot find one of these provisions, please consult an estate planning attorney for advice.

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  • Can I transfer a guardianship to another county in Florida , without starting the whole process over?

    I have guardianship of my 60 yr old brother. I want to move him to the county where I reside. I understand guardianships are done by county. Can this be transferred quickly and easily?

    Ruth’s Answer

    Your guardianship attorney can prepare and file a petition for you to transfer the file to the county where you live. As soon as the Order is entered, the flle will be moved to the new court. It's quite easy to moved between counties - it's more difficult to move betweeen states. You will not have to start all over.

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  • Do I need an attorney for making a living trust?

    My wife and I are in our early 70's, the only assets we have are personal property like cars jewelry etc. We also own our home, market value @ $500,000. No stocks or investments. Only about $20,000 in liquid assets.

    Ruth’s Answer

    If you want a living trust, you should consult an estate planning attorney. This is not a do it yourself project and the forms on the Internet are insufficient to protect your heirs. You may not need a living trust. The attorney you consult can guide you.

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  • When do the advantages of prevailing in a probate case end?

    One of the beneficiaries tries to have a pr removed for conflict of interest and the judge ruled that "there was not enough cause to remove him." Eight years ago. Today I learn that a large piece of land has been lost to the estate due to not secu...

    Ruth’s Answer

    He can try to use that as evidence, but the facts sspeak for themselves. If he did not secure good title and the land was lost, there is cause to remove him now.

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