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Ruth Elaine McMahon

Ruth McMahon’s Answers

4,135 total


  • Should I tell my niece's therapist abuse past n recent abuse/sexual abuse without risking my chances of getting custody

    My niece is in a psych unit for the past 2 years because her guardian isn't healthy to care for her (guardian has had a stroke, and other disabilities) and because my niece tried to commit suicide. Her guardian is willing to give me joint custody....

    Ruth’s Answer

    I'm sorry about this situation and it should be resolved ASAP.
    I suggest that you consult an independent guardianship attorney to assist you. It appears that the guardian should be replaced entirely. Your niece needs a new guardian and the therapist needs to know all that has happened to her.

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  • What do we do?

    My mother was blinded when she went in for gallbladder surgery and had two strokes do to the lack of attention from her doctors. And it hurts me to see a women as strong as my mom so helpless. She's the only one who had a job, and she can't do it ...

    Ruth’s Answer

    Your mother should appoint an Agent under a Durable Power of Attorney to act for her. She should consult an estate planning attorney for this document. Your mother & Agent should meet with a personal injury attorney. Palm Beach has some of the finest medical malpractice attorneys in the country. I hesitate to mention names because they are probably not on AVVO. I could provide names by e-mail to you.

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  • Last will and testament

    My father has a last will and testament that states "no disposition has been made and I intend that none be made for the benefit of my former spouse" what exactly does this mean

    Ruth’s Answer

    This means that your father's former spouse will not receive any assets from his estate

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  • Does the law require me to have the ORIGINAL power of attorney to cash my mom's check or is a copy sufficient?

    Since living in Sacramento, CA last August, I have taken my mom's checks with my POA to my local Walmart stores & cashed my mother's checks with no problem. Today, 8/1/16, however, I went to the one at 5821 Antelope Road, Sacramento, CA 95842 &...

    Ruth’s Answer

    You should be able to use the copy and there should be language in the POA that provides for this. Go to the Walmart you have been using to cash the checks. You would need the original for any real estate transfers.

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  • Can my niece receive her late husband's life insurance proceeds if she is not the named beneficiary on the policy?

    My niece's late husband's parents took out a life insurance policy on him when he was 18 yrs old in Pennsylvania. His mother is the named beneficiary on the policy. My niece married him 4 yrs. Later and they paid the premiums jointly for the past ...

    Ruth’s Answer

    The beneficiary designation stands - mother gets the proceeds

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  • Can a credit union file grand theft charges on me???

    I received a check to help me and my children relocate to another state. The check was a personal check. I deposited the check into my account and it was placed on hold as expected. The bank released the funds and placed the check on another hold....

    Ruth’s Answer

    you took the money and did not pay it back

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  • Can i get a copy of a will

    my cousin is power of atty over my grandfather. can i get a copy of the will

    Ruth’s Answer

    No. Wills are provided to beneficiaries after a person dies. POA is only good during life of the principal (grandfather)

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  • How much will cost full green card process?

    Im married to us citizen, we have been together for over 3 years, live together and have a joint bank accounts. How much will cost greencard proccess with lawyer help and application fees? Thanks!

    Ruth’s Answer

    Consult an Immigration attorney. He/she will give you an estimate.

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  • What is the worst that can happen to someone paying the court fines and fees through a payment plan and doesn't pay

    I'm on a payment plan to pay off my fines can I go to jail if I don't pay or will it just go to collections

    Ruth’s Answer

    If you have a payment plan with the court and you do not pay - you'll end up in jail.

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  • Can a disabled person over 65 transfer assets to an irrevocable trust and still qualify for community medicaid

    Mom is 85 and disabled. She wants to apply for Community Medicaid. If she creates an irrevocable trust and transfers her assets from her current revocable trust, without being a named beneficiary, will she qualify? The intent is the the named T...

    Ruth’s Answer

    Each state has different rules and different ways to handle such questions. I suggest that you contact a qualified elder care attorney. Medicaid will look back at transfers. The plan you present appears to have elements of fraud.

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