Ruth Elaine McMahon's Answers (5791)

Archived

With no will does that mean the land and trailer gets divided three ways and the deased grandson doesn't get the land?

Ruth's answer | Answered on December 19, 2013

The estate needs to go through probate and without a will, the beneficiaries will be decided according to the laws in the state where ex mother in...

Archived

Is a superseding DPOA valid if the previous was not revoked and there is no language in the "current" about revocation of 1st?

Ruth's answer | Answered on December 18, 2013

One can have more than 1 DPOA at a time. Unless the 2nd DPOA revoked the first, both should be valid.

Archived

How long can probate last on a 6million dollar Estates?

Ruth's answer | Answered on December 18, 2013

This appears to be a very long time. A Federal Estate Tax Form (706) had to be filed and maybe a state estate tax form - depending on where the...

Archived

Is there a form letter I can obtain to decline an inheritance resulting from the sale of my father's house?

Ruth's answer | Answered on December 18, 2013

It is likely that a disclaimer will work. It is a technical document that must be drafted properly and timely. Please consult an attorney to...

Archived

My mother will receive an inheritance on the death of my aunt. She wants to immediately divide it.

Ruth's answer | Answered on December 18, 2013

Your mother can file disclaimers without incurring any gift tax. HOWEVER, she cannot direct where the money will go. This will only work if she...

Archived

My sons grandfather and wife file for guardianship of my 6yr old son. Would they get custody.

Ruth's answer | Answered on December 18, 2013

You need to consult a guardianship attorney to represent you. A natural parent (you) have rights over a grandparent. We do not know enough facts...

Archived

I am planning on renting a room from a homeowner in New Jersey. There will not be a lease.

Ruth's answer | Answered on December 18, 2013

You should have a lease for your protection and the protection of the homeowner.

Archived

What type of Trust or Will do I need for leaving my son money left after paying off mortgage on my home?

Ruth's answer | Answered on December 18, 2013

You can use a Will or a Trust to accomplish this. If you are married, however, the laws of MA will protect your spouse. Please see an estate...

Archived

Brother. incarcerated last 10 months. was living with mom.have taken,by law,full guardianship of her.brother getting out in 3 da

Ruth's answer | Answered on December 18, 2013

as her guardian, you can get an Order from the court keeping him away from her residence. Please consult your guardianship attorney for assistance,

Archived

Dads 2nd wife died. Married for 10 yrs. She had minimal assets entering marriage. Can her children, aren't his, get his assets?

Ruth's answer | Answered on December 17, 2013

You dad's second wife predeceased him so when he passes his Will controls the assets. Retirement accounts go to designated beneficiaries. If the...

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