Ruth Elaine McMahon’s Answers

Ruth Elaine McMahon

Bradenton Probate Attorney.

Contributor Level 18
  1. Difficult situation with terminal cancer, not up-to-date estate planning, but desire to keep family out of Florida probate court

    Answered 9 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

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

    Answered 12 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

  3. Can I be naturalized?

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered 5 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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  6. Heir's ?

    Answered about 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

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

    Answered 7 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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  8. What are the final tax requirements in liquidating an estate and distributing funds

    Answered over 1 year ago.

    1. Ruth Elaine McMahon
    2. Joseph Michael Pankowski Jr
    2 lawyer answers

    This is a question that should be answered by the attorney for the trust and the accountant. The year end for a trust is generally December 31. If a probate estate was filed, the last date for a tax year for someone dying in January 2012 is also December 31. The tax returns are final Federal Income Tax return (Form 1040) and Estate/Trust Federal Income Tax Return (Form 1041) and any state taxes that may be incurred. If a probate estate was filed in Michigan, there is an inventory tax. Generally,...

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  9. Should law suit money go thought probate

    Answered 7 months ago.

    1. Ruth Elaine McMahon
    2. Harley Herman
    3. Clifford M. Miller
    4. Shelley Ann Elder
    5. Richard C Parks II
    6. ···
    6 lawyer answers

    As PR, you are the only person who represents the estate and can sue. You need to retain a personal injury attorney to file the complaint. Ultimately, you will be reimbursed for expenses. Have you opened an estate: If not, you should do so immediately, Your attorney will advise you on procedures. Creditors also get paid before distributions.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. What is the best way to protect my adult children and my house before I remarry, a will or a trust?

    Answered over 2 years ago.

    1. Ruth Elaine McMahon
    2. Michael Leo Potter
    3. Charles Patrick Kincannon
    4. Lawrence A Friedman
    4 lawyer answers

    In Florida, your home is "protected homestead" under the Florida Constitution. If you marry and pass away, your new spouse will receive a minimum of a life estate in the property. Your greatest protection for your children is a prenuptial agreement (agreement with spouse BEFORE you are married). Your fiance can waive his or her rights to homestead under a prenuptial agreement. Then, either a will or trust stating that you and your fiance entered into a prenuptial agreement and you intend for...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful