Anne Debelius Lopiano’s Answers

Anne Debelius Lopiano

Divorce / Separation Lawyer.

Contributor Level 11
  1. My father recently passed away, can I deposit a check into our joint checking account without his signature

    Answered almost 6 years ago.

    1. Anne Debelius Lopiano
    1 lawyer answer

    You don’t say how large the check is, which may help you decide how much work you want to do to be able legally to deposit it in an account or cash it. This check is now an asset of his estate and it is not yours to deposit or cash. In order to legally be able to deposit that check anywhere or cash it, someone needs to open an estate with the Register of Wills office in the county where dad lived, get appointed personal representative of his estate, obtain what ‘s called “Letters of...

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    2 people marked this answer as helpful

  2. When does a administrator of a estate take their 10 % fee from the estate

    Answered over 3 years ago.

    1. George E Meng
    2. Anne Debelius Lopiano
    3. Steven Alan Fink
    4. Eliz C A Johnson
    4 lawyer answers

    There is no such thing as a standard 10% fee for anyone in a probate estate. If the personal representative wants to take a commission for his work in administering the estate, he either must have the signed consent of all legatees, or he must petition the orphans court in writing to allow him a commission. In either event, his maximum allowable commission will be slightly less than 4% of the gross Inventory assets. You may wish to hire an attormey to look into the administration of this estate...

  3. Power of Attorney

    Answered over 3 years ago.

    1. Anne Debelius Lopiano
    2. Seth William Goettelman
    3. Henry Daniel Lively
    4. Donald B. Lawrence Jr.
    4 lawyer answers

    If you are the person granting the power of attorney, I hope you had the assistance of an attorney in doing so. If so, I am sure that attorney's office can provide the requisite notarization. If you did not have an attorney draft this up for you, I strongly suggest you have an attorney review it before you sign it, to make sure it does all that you want it to do, no more, and no less. If, on the other hand, you are the attorney-in-fact ( the person to hwom the power of attorney is given) than...

  4. How would I find out if money was left to me by a deceased relative?

    Answered over 3 years ago.

    1. Anne Debelius Lopiano
    2. Michael S. Haber
    3. Sonya F. Mittelman
    3 lawyer answers

    If the deceased relative left a Will, and it has been probated, you can go tot Register of Wills office in the Maryland County where the deceased person lived and died, and look at the Will itslef and at all documents filed with the Register Wills about this estate. You don't say how you are related to the deceased person, but are you so out-of relationship with the other heirsof the perosn who died, that you cannot call one of them and ask what is heappening?

  5. Can you tell me this. I need to file a QDRO to give my ex husband part of my 401 K. who is the defendant and who is the plaintif

    Answered over 3 years ago.

    1. Thomas E Mulinazzi
    2. Anne Debelius Lopiano
    3. Ophelia Genarina Bernal-Mora
    3 lawyer answers

    If you have a written agreement that references the "defendant" and the "plaintiff" with regard to whose duty it is the draft and submit QDROs, you need to either ask the attorney who wrote this agreement for you, or if you have signed an agreement NOT wiritten by an attorney, you should consult one right away to find out what you have really obligated yourself to do. if you are thinking of signing am agreement that includes division of retirment benefots suich as 401k, by all means protect...

  6. Moving out: Would it be of a disadvantage?I would like to move out(with my 15yr & 11yr old kids),from our 15year marriage.

    Answered over 3 years ago.

    1. Thomas E Mulinazzi
    2. Keith R Havens
    3. Anne Debelius Lopiano
    3 lawyer answers

    Tom Mulinazzi gives you good information in his answer to your question. As a matter of general information and NOT legal advice, I would add emphasis to his point that a co-parent/spouse loses nothing in the way of parental rights, court favor, credibility, or property rights, by being the one who moves out of the marital home, or who is the first to file/serve custody or divorce suit papers on tghe other. Generally, it is also important to figure out where you are going to stay or live, at...

  7. My father died 4 years ago and he did not have a will. Was with girlfriend for 30 years who wants us to sign over estate

    Answered over 3 years ago.

    1. Mark William Oakley
    2. Anne Debelius Lopiano
    3. Mark T. Coulter
    3 lawyer answers

    Search on http://registers.maryland.gov/main/search.html to see if any one has opened an estate in his name. if so, the file is a public record and you can go look at the whole thing, and see what has been done. Any child of yoru father can apply to be the personal Representative if any estate has not yet been opened. if the girflrien dof 30 years holds all the informaiton and bank account reords AND she has aksed the family to "sign over" the estate, there must be something in Dad's name that...

  8. My grandfather has three children; one had the power of attorney and handled all of his affairs. Grandfather died in Sept 2010.

    Answered over 3 years ago.

    1. Nathaniel C Fick Jr
    2. Anne Debelius Lopiano
    2 lawyer answers

    Power of attorney has nothing to do with it, now that Grandfather is dead. The Personal Representative should consult an attorney about evicting the family member now living there for free, or possibly arrange for a lease. An attorney would also help the Personal Representative to get this estate in order and bring it to closure more efficiently. That was also my suggestion here maybe 2 weeks ago.

  9. How long does it take to get a hearing scheduled?

    Answered over 3 years ago.

    1. Keith R Havens
    2. Anne Debelius Lopiano
    3. Thomas E Mulinazzi
    3 lawyer answers

    It all depends on the county where you file. Som counties can be 2 months before a hearing. Others only a few weeks. If both parties sign a 10 day waiver form, the court order may issue within a few days after the hearing. It is then a final order, but subject to motion to amend or appeal by either party for the next 30 days.

  10. My Grandma's power of attorney dissapeared, with her money, what do we do?

    Answered over 3 years ago.

    1. Thomas C Valkenet
    2. Anne Debelius Lopiano
    3. Mark William Oakley
    4. Jeffrey David Katz
    4 lawyer answers

    If you suspect wrongdoing by the attorney--in-fact (Power of Attorney), Maryland has a very good criminal statute of financial elder abuse which you can report to the local state's attorney's aoffice for your grandmother's County, and ask to have this prosecuted as a crime. If grandmother is alive and in sound mind, she can revoke the old power of attorney and execute a new one.