Ruth Elaine McMahon’s Answers

Ruth Elaine McMahon

Bradenton Probate Attorney.

Contributor Level 19
  1. 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

  2. What are the requirements for a will if someone is illiterate?

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. Ruth Elaine McMahon
    3. Erik Hammarlund
    4. Susana Lannik
    5. Christopher W. Vaughn-Martel
    5 lawyer answers

    He or she should consult a qualified estate planning attorney to advise the attorney of his or her wishes. The attorney can draft the appropriate will. If the only problem is that this family member cannot read or write, someone can read the document to him or her. The attorney can draft an appropriate attestation clause and someone can sign the document in the presence of the family member, witnesses and a notary public. This should be done at the attorney's office so that it will be handled...

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  3. A family member died with no will or living trust. Where and when do you start to settle their belongings?

    Answered 8 months ago.

    1. Joseph Bernard Mchugh Jr
    2. Ruth Elaine McMahon
    3. Gregory Paul Benton
    4. James Charles Shields
    5. Dennis James Balsamo
    6. ···
    6 lawyer answers

    A probate estate will have to be opened in order for real estate to pass to an heir. The decedent's assets will be distributed according to the law in the state where decedent lived.

    9 lawyers agreed with this answer

  4. My mom lives in CA, her husband, my stepdad, passed away. Had a Will but did NOT sign. What happens in this case?

    Answered 10 months ago.

    1. Ruth Elaine McMahon
    2. David Thomson Egli
    3. Eric Jerome Gold
    4. Gregory Andrew Broiles
    5. Christine James
    5 lawyer answers

    California is a community property state and the surviving spouse has rights. The Will that is not signed is now irrelevant. The estate will be an intestate estate (without a will). Your mother should consult an estate attorney ASAP re the account and also about her rights as a surviving spouse.

    9 lawyers agreed with this answer

  5. Contesting a will/trust.

    Answered over 1 year ago.

    1. Christine James
    2. Charles Richard Perry
    3. Ruth Elaine McMahon
    4. Gregory Paul Benton
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    The answer is probably the same in all jurisdictions and it depends on the circumstances in all cases. It is not inexpensive and can run into thousands of dollars. If you have a specific question about a will, please contact an attorney in the jurisdiction where the will is being probated for an opinion.

    9 lawyers agreed with this answer

  6. LIVING WILL, POWER OF ATTORNEY, ETC.

    Answered over 1 year ago.

    1. Ruth Elaine McMahon
    2. Lawrence Jay Davis
    3. Robert Jason De Groot
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    A living will is a declaration re what an individual wishes if he or she is in a terminal condition - pull the plug or not; a power of attorney executed by the Principal gives an Agent the power to do various things during the Principal's lifetime. If the power of attorney is "Durable" it remains effective in the event that the Principal becomes incapacitated. The Power of Attorney is invalid after the Principal dies. At that point, an estate would be opened and a personal representative would...

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  7. I have an estate issue in Florida. My brother stole jewelry that was to be endowed to me. He lives in NY and will be served

    Answered almost 2 years ago.

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

    It should not take long to hire a process server. I assume your attorney is handling this. Your brother's attorney can petition to court for an extension to answer the verified complaint or he can informally request and extension from your attorney and they can come to a satisfactory agreement. Was the jewelry stollen during an estate administration or before estate administration? If the jewelry was stollen before the person who signed the will or trust passed away, it may be more difficult...

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  8. Who does the house go to if kin cannot be found?

    Answered 26 days ago.

    1. Ruth Elaine McMahon
    2. James M. Weaver
    3. Harley Herman
    3 lawyer answers

    check the deed to see how title is held. If it is joint name - grandmother & husband - it will belong to her and her will controls. However, take both wills to an estate attorney for a final answer.

    7 lawyers agreed with this answer

  9. I have a judgement against my old company and me personally. I have a new Florida S-Corp can they take my company checking acct

    Answered 10 months ago.

    1. Harley Herman
    2. Ruth Elaine McMahon
    3. Mark Theodore Tischhauser
    4. Shaye Larkin
    5. John Vincent Trujillo Jr.
    6. ···
    6 lawyer answers

    The answer to this question will require more facts than AVVO attorneys can handle through this group. I suggest that you talk with your business attorney. Provide him or her with the date you closed your business, the date you opened the new business, are the businesses doing the same type of work, what is the judgment for, etc. All of the answers to these questions are relevant to what you want to know.

    7 lawyers agreed with this answer

  10. I had a Will, Power of Attorney, and Living Will, created by an Attorney, in 2008, with my wife as heir and agent.

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Ruth Elaine McMahon
    3. Dennis Michael Phillips
    3 lawyer answers

    The power of attorney executed in 2008 was under the old law. The law was changed and there are specific provisions for banking, investments and other powers. You should engage an attorney to prepare the documents properly.

    7 lawyers agreed with this answer