Ruth Elaine McMahon’s Answers

Ruth Elaine McMahon

Bradenton Probate Attorney.

Contributor Level 19
  1. 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 12 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

  2. 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

  3. What signatures are needed for living trust in state of florida to make it legal and DOES this have to be recorded in the county

    Answered over 1 year ago.

    1. Ruth Elaine McMahon
    2. Donna R Blaustein
    3. Steven M Zelinger
    3 lawyer answers

    Living trusts are not recorded in Florida. The formalities for executing a Trust are the same as executing a Will. 2 witnesses who sign and print their names. If the Trust is self proving the Affidavit is signed by 2 witnesses who print their names and all signatures are notarized. If the trust is prepared by an estate planning attorney, the signature forms should be correct. If the trust is from an on-lline company, BEWARE. There are formalities that must be followed and on-line wills and...

    7 lawyers agreed with this answer

  4. Can I have a power of attorney checked out since my mother has died

    Answered over 2 years ago.

    1. Ruth Elaine McMahon
    2. Adam Troy Rauman
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    a power of attorney ceases upon death. If an estate has been opened, the personal representative would have power to check on some things, such as bank accounts, brokerage accounts, etc.. If an estate has not been opened, it should be opened if there are any assets. Good luck.

    7 lawyers agreed with this answer

  5. Penalty for giving away assets in 60-month MedicAid look-back period?

    Answered 9 months ago.

    1. Ruth Elaine McMahon
    2. Lawrence A Friedman
    3. Kelly Scott Davis
    4. John S. Palmer
    4 lawyer answers

    The penalty means that you have to wait until the penalty period runs before you will get Medicaid. Please consult an elder law attorney in the state where you live. Each state has different guidelines. There are ways to invest the money so that you will qualify - Medicaid qualilfying annuities, certain trusts - so you need professional help to know what is best for you. Don't rely on an insurance sales person - most we've talked with haven't heard of Medicaid qualifying annuities.

    Selected as best answer

  6. Co-owner of house with me has died. His half of deed is Tenants in Common. Is now in Probate. I want to keep house.

    Answered about 1 year ago.

    1. Ruth Elaine McMahon
    2. Steven M Zelinger
    3. Houston Putnam Lowry
    3 lawyer answers

    His half is in probate - so in order to keep the house, you would have to pay fair market value to the estate for his half of the house. The estate should pay half of the mortgage and you should pay the other half.

    Selected as best answer

  7. How can my dad prevent losing SSI and Medicaid benefits without a special needs trust when gaining an inheritance?

    Answered about 1 year ago.

    1. Ruth Elaine McMahon
    2. Lawrence A Friedman
    3. Vance Tate Davis
    4. Michael Leo Potter
    4 lawyer answers

    You need to consult an elder law attorney who has experience with all types of special needs trusts (there are several types) Your father cannot give his inheritance to someone else. Your father should provide the attorney with all of the facts; how much is the inheritance? when did grandmother die? etc. to see what the best course of action is for his particular situation - all situations are different....

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How can we determine what was in our grandmothers estate? And protect our rights to property placed in a private trust? Fraud?

    Answered 12 months ago.

    1. Christopher Daniel Leroi
    2. Susan Morath Horner
    3. Ruth Elaine McMahon
    4. Richard Waldron Bryans Jr.
    4 lawyer answers

    First, the family is not responsible for her bills. The trust could be responsible for her bills, however. The way to find out who has title to the property is to check the public records in the county where the property is located. Deeds must be recorded. You can probably do this yourself online - but if you cannot locate the deed, please consult an attorney for assistance.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What type of legal practitioner would be needed for failure of Succesor Trustee to distribute assets (home) from a will?

    Answered over 1 year ago.

    1. Brook McCray Smith
    2. Ruth Elaine McMahon
    3. Joseph Franklin Pippen Jr.
    4. David B. Carter Jr.
    4 lawyer answers

    Mediation is not the answer. Please engage an estate administration/probate attorney who practices in Martin County or St. Lucie County to assist you.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My contention of malpractice and misconduct by the probate lawyer has been initially accepted as legitimate by the Fla bar.

    Answered over 1 year ago.

    1. Ruth Elaine McMahon
    2. Charles B. Upton II
    3. Elizabeth Taylor Herd
    4. Christian K. Lassen II
    5. David Ian Schoen
    5 lawyer answers

    There is a statute of limitations for a malpractice action, so be sure that you consult an experienced litigator to explore this. A malpractice action is a lawsuit with two parts - first you need to show that an attorney did not use the appropriate standard of care in your case and second, that because of this, you were damaged. These cases are difficult and costly. You will need expert witnesses to testify for you. There are fine litigation and probate attorneys in Broward County (I assume...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful