Ruth Elaine McMahon’s Answers

Ruth Elaine McMahon

Bradenton Probate Attorney.

Contributor Level 18
  1. Parents passed & house is being sold. The property is in a Trust, and I am the trustee. How should the check be made out & 2 who

    Answered 7 months ago.

    1. Ruth Elaine McMahon
    2. James P. Frederick
    3. David B. Carter Jr.
    4. Rebecca Lynne Evans
    5. James T. Weiner
    6. ···
    6 lawyer answers

    check with the trust's accountant to see if a Federal Income Tax Form (Form 1041) needs to be filed and what tax forms are required in Michigan. The accountant will prepare the required returns and provide the tax forms to you and your siblings. Check with a real estate atttorney re the sale of inherited property.

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  2. I have a revocable living trust written in Delaware is it recognized in Florida

    Answered 9 days ago.

    1. Ruth Elaine McMahon
    2. Carol Anne Johnson
    3. Joseph Franklin Pippen Jr.
    4. David Michael Goldman
    5. Michael Leo Potter
    5 lawyer answers

    Assuming the trust was executed with the formalities of Delaware law, the existing trust decisions should be followed in Florida. Florida recognizes documents drafted and executed in other states. It would be a good idea to have a Florida Will that recites that you live in Florida --- and a Florida Durable Power of Attorney. Our DPOA law changed in 2011 and having a Florida DPOA with the statutory references for investments and banking would be appropriate.

    9 lawyers agreed with this answer

  3. Do I need a probate and trust estate?

    Answered 23 days ago.

    1. Ruth Elaine McMahon
    2. Christina Mogan Christl
    3. Stephanie Sauer Woods
    4. Michael Leo Potter
    5. Brett Thomson Bradford
    6. ···
    6 lawyer answers

    You are not entitled to see the Will before your mother passes away- but after your mother's death, you may challenge it. You may want to consult an estate attorney to discuss the ways in which it may be challenged and what evidence you may be looking for before she passes.

    9 lawyers agreed with this answer

  4. Do I have to probate two estates?

    Answered 4 months ago.

    1. Ruth Elaine McMahon
    2. Carol Anne Johnson
    3. David Michael Goldman
    4. Arthur Harold Geffen
    4 lawyer answers

    Does your sister have assets that were not passed on to your dad? If so, you can do Summary Administration with the assets passing to your Dad (because he was alive when she passed away). You can't skip the middle step. Then, since your dad had nothing - except what he should have had from your sister, you can do Summary Administration - so long as you meet the requirements. Both are quite simple - but, you will need an attorney because all summary administrations in Florida require a...

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  5. Intestate Estate issue. What should I do?

    Answered 6 months ago.

    1. Ruth Elaine McMahon
    2. Karen Brouse
    3. Steven M Zelinger
    4. Arthur Harold Geffen
    4 lawyer answers

    Your step mother has a life estate because it was your father's homestead. The Constitution of Florida provides that a surviving spouse gets a life estate and lineal descendants (you and your brother) get a remainder interest. Property can be sold but there is a formula for the amount of money one receives. The formula is determined by life expectancy. While 1/3 sounds like too much, she would be entitled to some proceeds. Please see an estate attorney for assistance with this,.

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  6. Can a family member live in a house owned by a Trust?

    Answered over 1 year ago.

    1. Ruth Elaine McMahon
    2. Marcos P Martinez
    3. Carol Anne Johnson
    4. James P. Frederick
    5. John Arthur Smitten
    5 lawyer answers

    If the trustee does not want to sell or use the house, she can rent it to someone. If you are the lessee, you must have a rental agreement and pay fair market value for the rent, plus utilities. If your mother does not want to be a landlord but does not want to sell the house (the market in Florida will go up - but no one knows when), perhaps she should resign as trustee and let the successor trustee administer the trust. The trustee is a fiduciary and it is the trustee's responsibility to take...

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  7. I have to probate my mother's estate, property in 3 counties, do I have to open ancillary estates or just one?

    Answered 9 months ago.

    1. Richard Allan Heller
    2. Donna R Blaustein
    3. Ruth Elaine McMahon
    4. Joseph Franklin Pippen Jr.
    5. Steven M Zelinger
    5 lawyer answers

    Florida law requires you to have an attorney to probate an estate. You do not need anciallary administration if all real property is in Florida. The estate should be opened in the county in which your mother resided. You can deal with property located throughout Florida in the probate estate that it opened in the country where your mother resided. Please consult an attorney who practices in probate and estate administration.

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  8. Can I make my own living will that will be legal?

    Answered 3 months ago.

    1. Harley Herman
    2. Ruth Elaine McMahon
    3. Carol Anne Johnson
    4. Mark Russell Lewis
    5. Barry Evan Haimo
    5 lawyer answers

    If you create your own living will, you do so at your peril. Please consult an estate attorney for assistance.

    8 lawyers agreed with this answer

  9. Difficult situation with terminal cancer, not up-to-date estate planning, but desire to keep family out of Florida probate court

    Answered 4 months ago.

    1. Carol Anne Johnson
    2. Ruth Elaine McMahon
    3. Marjorie Brunelli DeCastro-Hirsch
    4. Dennis Michael Phillips
    4 lawyer answers

    Attorneys are often called to a hospital to revise documents and it can be done quickly in a situation such as this. Joint titles in timeshare should be protected. A new deed for the condo could be done in two ways; transfer the condo to husband and wife as tenants by the entirety or transfer the condo to trust. If the trust does not accurately reflect his wishes, it should be amended

    8 lawyers agreed with this answer

  10. Mother-in-law died do we need a lawyer - what is probate

    Answered 7 months ago.

    1. Daniel Ellis Mckenzie
    2. Ruth Elaine McMahon
    3. Christopher Daniel Leroi
    4. E Dwight Taylor
    5. Masayo Quick
    6. ···
    6 lawyer answers

    Please consult an estate administration attorney and present all of the facts to him or her. The will should have been filed with the court - even if no administration has been commenced. The Will is the document that shows who is entitled to shares of the estate.

    8 lawyers agreed with this answer