Ruth Elaine McMahon’s Answers

Ruth Elaine McMahon

Bradenton Probate Attorney.

Contributor Level 19
  1. I just found out my mother has lung cancer. Is it too late to create a living trust for her assets? She is still in sound mind

    Answered about 1 month ago.

    1. Ruth Elaine McMahon
    2. Anders Ferrington
    3. Tabatha Mccall Stern
    4. Nathan Ashley Yow
    5. Kathy Ann McNeely-Johnson
    6. ···
    6 lawyer answers

    It should not be too late to create a trust. Make sure she has a POA for Health care & POA for finances. And, make sure the assets are transferred to the trust after it is created.

    10 lawyers agreed with this answer

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

    Answered over 1 year 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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  3. Can I make my own living will that will be legal?

    Answered about 1 year 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

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

    Answered about 1 year 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

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

    Answered over 1 year 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

  6. Can I be naturalized?

    Answered almost 2 years ago.

    1. Ruth Elaine McMahon
    2. Karen-Lee Pollak
    3. Kelly Scott Davis
    3 lawyer answers

    If you are a legal permanent resident, please contact an immigration attorney to check on the process. It depends on how long you've had your legal residency because there is a waiting period before you can apply for citizenship. There are other requirements also. There are some fine immigration firms in Tampa. Good luck....

    8 lawyers agreed with this answer

  7. How do I obtain a copy of my father's trust?

    Answered almost 2 years ago.

    1. Ruth Elaine McMahon
    2. Celia R Reed
    3. Robert Jason De Groot
    3 lawyer answers

    I'm sorry about your loss and the problems you are having concerning the trust. First, if you want to check on the probate estate, I suggest that you contact an estate administration attorney in Volusia County to represent you - even if it is only to review the documents that have been filed with the court. More likely than not, the estate is in the creditor period now. Inventories are sealed and confidential, but most likely your father transferred his assets to trust. RE: the trust, There are...

    8 lawyers agreed with this answer

  8. Legal rights of adult children as care givers in regards to wills and trusts.

    Answered 9 months ago.

    1. Ruth Elaine McMahon
    2. Alan James Brinkmeier
    3. Brian A. Raphan
    3 lawyer answers

    It appears that you may have a claim for undue influence - but this can only be asserted after mother passes. What was her mental ability when she signed new documents? One thing you mentioned is in your favor - sister arranged the new documents and they were prepared by a new attorney. I suggest that your partner consult an estate litigation attorney and provide specific information to him or her. If mother believed that her son was stealing money & personal property and sister was the...

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  9. Heir's ?

    Answered over 1 year ago.

    1. Eva Ruth Clement
    2. Ruth Elaine McMahon
    3. Donna R Blaustein
    4. Douglas L. Hall
    4 lawyer answers

    Step mother should not be entitled to anything from grandpa's will /.deed. your father's 1/3 share should be divided - 50% for you; 50% for your brother.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Is this legal? Can we sue, and redo Deed?

    Answered 12 months ago.

    1. Ruth Elaine McMahon
    2. Pamela Thea Higer Polani
    3. Hollyn June Foster
    4. Charles P. Ward
    4 lawyer answers

    The facts you have presented suggest undue influence. Gather all of the facts and contact an estate attorney to prepare for a claim after grandma passes away. John taking his wife and grandma to a lawyer who doesn't speak Spanish is a key element to undue influence. Keep records of how John manipulates others to prepare for your case.

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