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Ruth Elaine McMahon

Ruth McMahon’s Answers

3,875 total


  • If you are married and head of household what rights do your spouse have?

    If you have a NYCHA apartment before you got married and put your spouse down as family composition, what tenacy rights does the spouse have? Ultimately what determines who has the greater right if you decide to divorce?

    Ruth’s Answer

    If you had equity in the apartment before you were married, that equity should be awarded to you, but anything in excess of that equity should be divided between the spouses. If both spouses are working and they comingle funds, both are making mortgage payments on the apartment, so that part of equity should be divided.

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  • Dependency exemption allocation

    Because I did not request a hearing, the dependency tax exemption allocation was not awarded in my previous administrative order. We do not have any circumstances warranting a 10% change in the support amount but can I ask the judge to allocate...

    Ruth’s Answer

    You should consult your divorce attorney. You can file a Petition to assign dependency tax exemption.

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  • Can a lawyer help me trace an unknown threatening voice message that has greatly effected my life ?

    I received a life threatening voice message from an unknown caller. I reported it to the police but they won't trace the call. I became ill a week after receiving the call and quit my job . This phone call greatly effected my life or I would hav...

    Ruth’s Answer

    I doubt that an attorney could help you trace a call; only the police can assist you.

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  • Where do I find the correct form?

    is a "designated health care surrogate" the right form to assign someone responsibility or decision making capabilities for health care decisions in the state of florida?

    Ruth’s Answer

    It's one of the ways - but it works only if the patient is unable make decisions for himself or herself. And, you probably would need an affidavit from the patient's physician saying he or she is unable to make decisions. I prefer a Durable Power of Attorney for Health Care and this form is not available since it is customized for each client.

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  • How do i force her to give me an inventory of the estate and how she is spending the funds? Can she pay any legal fees

    My mother's estate was probated in the county where she died. My sister, the executor, did not give an accounting of the estate as was suppose to. The house my mother owned and lived in was sold and all beneficiaries received our share. 1/6th. T...

    Ruth’s Answer

    You need to get a court order. If she doesn't respond to the court order, the court will hold her in contempt of court. Please consult an estate attorney.

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  • Do we still have to go to the register of wills?

    My father in law passed away in PA. He didn't own anything or have any assets due to his medical condition but he did have a will. Everything has been in my mother in laws name for years. We do not believe there is nothing to probate.

    Ruth’s Answer

    You still need to deposit the Will with the court. You should also record a death certificate so that if and when the home is sold, the title company will be able to locate the death certificate in order to clear and pass title.

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  • Can the executor of a trust, enforce all the stipulations of a trust, immediately upon the death of the maker of the trust?

    I was taking care of my mother in her home for 5 years. She passed away, and now my sister (who is the executor of my mother's will), said I can't live in the house anymore. Is that legal? The house is in a trust, to which I'm entitle half, but on...

    Ruth’s Answer

    I'm sorry for your loss and your problems. However, a trust goes into effect at death and the trustee is entitled to act. You need to make arrangements for different living arrangements ASAP.

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  • If MD allowed me to return, however employer refuse, can I fight for full payment of lost salary/benefits and PTO vs 66% (WC).

    Had a lifting injury causing disc extrusion and possibly injury to other body parts. Won hearing x 2. I have been off work for many months due to accommodations by doctor not being met by employer.

    Ruth’s Answer

    If the injury was work related, Workers Comp covers your benefits. It would be difficult and costly to fight for full payment and WC is a defense for your employer.

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  • What would the creditor try to do if what I own it's covered by the exemptions.

    I had a debt with a local credit union here in nc I tried to settle with them but couldn't come to an agreement, to make the long story short finally I was just served with the paper work to file for exemptions (for the writ of execution) I'm marr...

    Ruth’s Answer

    If the LLC is a multi member LLC, it would be very difficult for the creditor to get payment from the LLC. However, if you are the only member - a single member LLC, it would be easier for the creditor to claim the truck. But if the truck is owed to someone else, the creditor doesn't have much of a chance. Your house should be exempt from claims of creditors.

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  • What Should I Do ? Can I Leave With My Uncles After Delivery Even If My Dad And Step Mom Dont Agree With It?

    Hi, Im 16 And 38 Weeks Pregnant. My Boyfriend Is 17 And He's Been By My Side Through The Whole Pregnancy. My Step Mom Doesnt Allow Me To See Him Or Contact Him. I Only See Him At School. Ive Only Been Living With Her And My Dad For About A Year 1/...

    Ruth’s Answer

    You are only 16 so your father has final say about where you live. Talk to your school counselor or pastor about this situation.

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