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Ruth Elaine McMahon

Ruth McMahon’s Answers

4,156 total


  • Can I still get the money from my mother account even if she didn't leave a will?

    My mother didn't leave a will but her brother (my uncle) has her bank card and she never made him executor of anything but yet has been taking money out of her account the next day after she passed the day we all sat at the funeral home to discuss...

    Ruth’s Answer

    you need to open a probate estate and get Letters of Authority to administer her estate.

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  • How can my srepfather "evict" me when i am have been living here.as my late mother's caretaker, not tenant.

    I have lived with my mother & her husband for the past 15 months. Cooking &.cleaning for them & serving as my mothers caretaaker as she battled cancer. She died 8/8 & her husband gave me a writtien notice to vacate yesterday. There is no letterhea...

    Ruth’s Answer

    I'm sorry for your loss. Yes, he can ask you to leave. You were living there to care for your mother. Now that your mother is gone, the reason for your presence in the house is gone. Try to work out a time frame when you will leave and keep looking for a new home.

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  • How do I petition the courts to get my Great Grandmother's mental health records?

    My Great Grandmother was institutionalized from some time in the 1920's to the 1970's. Of course she is now deceased as are her children. I would like to get her medical records to hopefully learn more about her. How do I start this process and...

    Ruth’s Answer

    These are medical records and would not be part of public records. You need to contact the institution where she resided - but, it's likely the records have been destroyed. Medical facilities are not required to retain records this long. If they are available, most likely they would be on microfilm. You may need a court order to request the records. Please contact an attorney for assistance.

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  • Will I have to pay an Inheritance tax if my trust is dissolved and turned into a standard brokerage account?

    I was awarded a settlement against my trustee and they were to turn over my trust to me. She instead dissolved the whole thing and turned it into a standard brokerage account. I am wondering if I am going to have to pay a tax on all those funds si...

    Ruth’s Answer

    There should be no inheritance tax - but there could be a capital gains tax. I do not understand why you are concerned about age 55. One can never avoid tax no matter one's age.

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  • May a beneficiary to a trust, after 13 years and upon the death of one of the trustees, suddenly demand a full 13 yr accounting?

    What are the defenses, if any, to a beneficiary who has remained silent, for 13 years, who is now demanding that the remaining trustees give a full accounting of the trust, going back 13 years? The beneficiary now claims, in court documents, that...

    Ruth’s Answer

    Please consult an estate attorney to determine if trustees have an obligation to provide an accounting. At one time, an accounting was required when the trust made a final distribution. I do not practice in NY, so I'm not sure of the present state of the law. Many states require an annual accounting to beneficiaries.

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  • What can I do? Am I able to get a copy of the trust and do I have any rights to fight for the house?

    I was asked to care for my last grandparent and I would receive their home. Grandma put me as beneficiary of her home in her living trust 9 years ago. 6 years ago my aunts husband, she is the trustee, chased me around the shop I own with her, wit...

    Ruth’s Answer

    Please consult an estate planning attorney, preferably one who is also a litigator, ASAP!

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  • Can someone with a life estate be evicted?

    My step grandmother is now 95 years old and living in the home that belong to my grandpa who just recently passed. She is currently fighting with some family members over property that should've been disbursed to other people based on the will (i...

    Ruth’s Answer

    The "owner" of a life estate has the obligation to keep the home in good repair - paying all expenses, taxes, insurance, etc. But, she can live there until her death. If there is a real problem with the upkeep of the home, you can call social services and report the problem and a case worker will go to the house and investigate. It may be that grandmother needs to be in assisted living.

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  • When my retired husband passes away, will I be able to draw from his pension check?

    My husband is a retired police officer. he draws a pension check monthly, and pays his first wife $1,200.00 each month out of that check. When he passes away, if I am still alive, will I get some if any of his check, or will the first wife get it....

    Ruth’s Answer

    You will have to check with the administrator of the pension fund. It all depends on how your husband set it up and also what is in the divorce settlement. You will be able to receive Social Security. You can confirm this by making an appointment with the local Social Security office.

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  • What is the legal term to draw money out of the estate account before the estate has been divided.

    My sister and I made our Grandmother executer of estate and she has made an estate account. She is waiting to sell our mothers home before she divides everything up between me and my sister. i would like to know what's it's called to ask for money...

    Ruth’s Answer

    It would be an advancement. However, if grandmother agrees, she should also consider advancing the same amount to sister.

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  • How can I collect Judgment from an estate?

    I payed off a home i was purchasing and EXECUTIVE of the estate would not give me my deeds . They wanted more money. Went to a lawyer and he found Laws that seller was supposed to follow and failed to do so during the selling process ...long sto...

    Ruth’s Answer

    You would have to file a claim in the probate case within a specific period of time re the law in the state where the probate is open. Depending on the circumstances, you may need to get court approval to file a late claim.. Please consult an estate attorney.

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