Anne Debelius Lopiano’s Answers

Anne Debelius Lopiano

Divorce / Separation Lawyer.

Contributor Level 11
  1. I think our estate atty has inflated the fees on their billing statement. The estate is valued at approx. $600,000 and it still

    Answered over 3 years ago.

    1. Thomas C Valkenet
    2. Anne Debelius Lopiano
    2 lawyer answers

    There is a "normal maximum" for the attorney fee -- but a court can allow a higher fee if justified by the attorney in a motion for fees. The "normal" maximum fee (if no personal representative commission is taken) will be just under 4% of the gross estate assets. So, if the gross prpobate asstes were $600,000, the "normal formula" for allowabel attorney fees --- if otherwsie earned and justified, woudl be:$22,660. That's a lot of money if this estate was simple, uncomplicated, and with no...

  2. Uncle and wife agreed to move into my grandfather's house to take care him. Grandfather died before uncle signed leased. Uncle

    Answered over 3 years ago.

    1. Mark William Oakley
    2. Anne Debelius Lopiano
    3. George E Meng
    3 lawyer answers

    Someone needs to look for a Will, and be apointed (by the Register of Wills in the county in which Grandfather lived) as personal representative (PR) of Grandather's estate, and take control of marshaling the assets, the debts, the taxes, etc. and either charge the Uncle rent or evict him, while the property is either listed for sale, or offered for lease to someone else, or distributed in kind to heirs, or legatees, if the estate is solvent. The unlce who is camped out in the house can not...

  3. My wife passed away and she has medical bill do i have to pay them

    Answered over 3 years ago.

    1. Anne Debelius Lopiano
    2. Philip D Stern
    3. Dorothy G Bunce
    3 lawyer answers

    No matter what debt collectors may tell you on the phone, a spouse in maryland does NOT have a legal obligation to pay the other spouse's debts out of your own personal funds -- unless you signed some agreement at some point that you WOULD be responsible. That said, if there are assets in your wife's estate (anything of value she owned in her own name when she died) than those assets will be available to creditors. If you open up a probate estate with your local Register of Wills Office, the...

  4. Can one sibling that has power of attorney take over a parents property (house and land) and tell the other siblings that there

    Answered over 3 years ago.

    1. Thomas C Valkenet
    2. Anne Debelius Lopiano
    3. Lindsey Warren Duvall
    4. Steven J. Fromm
    4 lawyer answers

    Your question does not give any information about whether the sibling who holds the power of attorney has done anything wrong or self-serving with mom's money or assets. If she has not, then I see no reason to disturb or object to mom's choice of attorney-in-fact (Power of Attorney). If, however, you learn that the attorney-in-fact has mis-used mom's money, accounts, or assets, or re-titled real property to herself or someone other than your mom, you may wish to report this wrong-doing to the...

  5. The divorce complaint was dismissed by the judge ,there was no ground. Can I file another complaint in another county in MD ?

    Answered over 3 years ago.

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

    If the divorce case was really dismissed, then the divorce case is not still open. One can always file another suit for divorce and be heard by the court in another county, if there are grounds, and if there is proper venue. Venue has to do with the county in which the case is filed. She can file her suit for divorce either in the Maryland county where she lives or where you live.

  6. Do I need to go to court and become administrator/ executor of my late mother's estate? She passed in Dec as a 72-year retiree.

    Answered over 3 years ago.

    1. Anne Debelius Lopiano
    2. Michael W. Bartnik
    2 lawyer answers

    To get acces to Mom's bank accounts (unless the accounts are titled jointly in someone else's name with mom) you will have to open a "Small Estate" in the Register of Wills Office in the County where she was residing when she died. This can usually be done in a one-time visit to the Register of Wills Office, but to make that more sure, do bring an original death certificate and if Mom left a Will, then the original Will, and copies of her bank statements,and be prepared to pay by check a fee...

  7. My mom and brother live in the same house. He is in denial about his hoarding, depression and ADHD, How do I get POA?

    Answered over 3 years ago.

    1. Anne Debelius Lopiano
    2. Elizabeth Rankin Powell
    2 lawyer answers

    If your mother is longer mentally competent to create a new power of attorney that nullifies the existing one to your brother, you will likley have to file in court for a guardianship over both your mother's person and property. Matryland law allows either one person or two people to serve as c-guardians. The court will then also need to appoint a separate attorney for your mother. You will need the help of any attorney to do this. It is possible, that the fees you pay to an attorney and the...

  8. How to get my Valuables (diplomas) from my Divorcing wife?

    Answered over 3 years ago.

    1. Stuart H Grozbean
    2. Anne Debelius Lopiano
    2 lawyer answers

    Stuart Grozbean's advice on this one is sound. If you have a divorce hearing on the merits in January 2011 and there aare other property rights besides this one -- and also child custody and child support matters at stake -- I hope you have an attorney

  9. Need verbiage for express gift authority for Agent to self in Power of Attorney

    Answered over 3 years ago.

    1. Kenneth V. Zichi
    2. Anne Debelius Lopiano
    2 lawyer answers

    You really do need to consult a compentent attorney for your specific purposes.

  10. How to fill out item eight on Articles of Incorporation?

    Answered almost 4 years ago.

    1. Mark L Rosenberg
    2. Anne Debelius Lopiano
    3. Steven J. Fromm
    4. Regina M Markey
    4 lawyer answers

    You need to either hire an attorney to assist you from the incorporation on up through the IRS approval process, or read publication no. 557 on the IRS web site in its entirety and the related Treasury regulations and IRC code statsutes, and really understand all of it. There's just too much to explain here. The word "foundation" is just a word. You can be both a nonprofit corporation AND call it a foundation. Most tax exempt 501(c)(3)s are corporations. The IRS will want you to have at least 3...