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Ruth Elaine McMahon

Ruth McMahon’s Answers

3,729 total


  • I received a letter from court from ex wanting guardianship of minor/guardianship of property. How do I respond to this?

    My ex and I have a daughter who is in Miami-Dade county, FL. She had served me with petition for guardianship of minor/property. How do I respond to this as I do not want her to have sole guardianship, as to make decisions of taking her out of the...

    Ruth’s Answer

    Please consult a guardianship attorney ASAP to assist you!

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  • Can I finance a car from a dealership with just a learners permit?

    I just had my license reinstated and the DMV gave me a learners permit until I take the road test again. Can I finance a vehicle through a dealership and also insure it?

    Ruth’s Answer

    Probably not - but ask the dealership.

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  • Do I need a power of attorney to make decisions about my biological dad if my stepdad adopted me

    My mother remarried, my stepdad adopted me now my biological father is old and needs help, if he becomes ill will I be able to make decisions about anything & can I be held responsible for his debts.

    Ruth’s Answer

    You need a Durable Power of Attorney and Durable Power of Attorney for Health Care in order to make decisions for the benefit of your father. You will not be held responsible for his debts. Please see an attorney to have the proper POAs drafted. I wish you and your father well.

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  • Is it possible for the courts to deem my guardian unfit and emancipate me?

    I've become very concerned with how my current guardian has been acting towards me because she's become negligent and very easily agitated. I was wondering if the courts could get me living on my own. I'd like to receive the current social securi...

    Ruth’s Answer

    We do not know enoough factd to answer this appropriately. We do not know why a guardian was appointed in the first place. You may be able to have your guardian removed - but chances are the court will appoint someone else to assume the guardian's position.

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  • What is the best way to protect my home (and other assets) from potential creditors and lawsuits?

    My wife and I are purchasing a home and we want to make sure that we won't have to sell it to satisfy a judgment in the event that one or both of us gets sued for something. I'm an architect with my own small firm and I know that the LLC doesn't ...

    Ruth’s Answer

    I suggest that you contact an estate planning attorney to review your estate plan and advise you. For your home, you probably should purchase it as husband and wife - joint tenants with right of survivorship. The irrevocable trust will not protect the property and an LLC should not be necessary to protect jointly owned property. Please consult a local estate planning attorney.

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  • My mother died in 2015. She left a will with my brother as Executor. He distributed the assets without probating the will.

    I received approx $7,000 Now in 2015 he has informed me that he is going to probate the will and that my mother left everything to brothers and nothing to me. He says I have to return the money My mothers bills have been paid and there is not oth...

    Ruth’s Answer

    I do not understand how your brother accessed assets without Leters of Administration (issued by Probate Court). I suggest that you consult a probate attorney - provide all of the facts to him or her. This is an unusual sitution. Good luck.

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  • How can we add daughter and husband to city lot deed to insure the lot would be theirs upon our death without probate?

    My husband and I own a city lot and would like to add daughter and husband to the deed to insure it would pass upon death. We want to avoid probate for them or even for ourselves if one dies before the other.

    Ruth’s Answer

    Please consult a real estate attorney who can prepare the appropriate deed.

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  • What motion needs to be filed in probate court by an heir in order to receive and emergency disbursement of funds?

    On a probate case where the lawyer did not consider paternal heirs until one year later. How long does it take after the form is filed?

    Ruth’s Answer

    First, you need an attorney. You cannot represent yourself in a FL probate Then, your attorney will file the appropriate motion.

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  • As a beneficiary to an estate in probate in Orange Cty, FL I signed a waiver form. Can I still get a copy of final accounting?

    I have requested a final accounting but am being denied by the PR. The waiver form item a) stated I am entitled to receive a final accounting. How do I go about getting one?

    Ruth’s Answer

    If you signed a waiver, you probably cannot get an accounting because you waived the accounting.

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  • My girlfriend died dec2013 .in 1993 she listed her girlfriend of 40 years .as the sole beneficary( this is a govtpolicy)

    Her son was listed in 1990 in 1993 she changed her beneficary to her friend. Her daughter who was never listed ( she was 11 at the time of the deceased stroke )is contesting this designation on a letter she wrote saying her mother ...

    Ruth’s Answer

    An estate litigator would be best to handle a case of this type,

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