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Anne Lopiano’s Answers

88 total


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

    My mom is 89 and requires 24/7 care, given primarily during the day by myself and another sister. We have found a wonderful nursing facility. She resists change and my brother, who has the power of attorney, is unable to handle the responsibilities.

    Anne’s Answer

    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 fees paid to the attorney appointed for your mother, may be paid, or remibursed after the fact, from mom's assets, if she has any.

    --the above is general legal information only and is not legal advice to any person.
    Anne LoPiano

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

    I separated from my wife a year and half and our divorce and custody cases are pending in Circuit Court for January 2011. however, last year while I left the apartment (Restraining Order granted to my wife), she fumbled into my belongings left in ...

    Anne’s Answer

    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

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

    I would like to allow my Agent in my general durable POA to have express authority to gift or transfer any and all of my assets (including property) to herself. (She is my only immediate family member, my daughter.) It is my understanding that thi...

    Anne’s Answer

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

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  • How to fill out item eight on Articles of Incorporation?

    I'm currently looking to set up a 501(c)(3) nonprofit organization. In the articles of incorporation, item eight states: "EIGHTH: Insert any provisions you desire. If you intend to obtain tax exempt status this would be the appropriate pl...

    Anne’s Answer

    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 unrelated directors, not just one, and yes, one of the directors can be the resident agent.

    Anne LoPiano

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  • I have been separted for 10yrs.Nothing legal.A yr ago my husband died.I was never told.What are my rights.

    We separted 10 yrs ago.Nothing was ever made legal. For the first couple of yrs we talked of and on, but nothing ever changed,so I stopped calling him. I was told last week that he commited suscide a year ago 10-12-09. I can't find any info out, s...

    Anne’s Answer

    You can probbly find out where he is buried and how he died etc., by asking the personal representaive of his estate. You can find out who that is by using the following search tool. This is a link to the Maryland Register of Will web site: http://registers.maryland.gov/main/search.html

    Even if you get a copy of his death certificate, it won't t tell you where he is buried.
    If he died without a Will, and if he had any any assets or pension when he died, and if there was not any attempt to locate you or notify you, made by the personal Represneative, after his death, you may still qualify for a share of his estate. You will need to have a lawyer hep you with that.

    Anne LoPiano

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  • Basically what is a "Consent to Appointment of Persoanl Representative?"

    None

    Anne’s Answer

    This is a form used by eavery Maryland register of Wuills Office in either of the following situations:
    1. There is no Will, so someone has to be appointed Personal Representative (PR) in order to administer the estate, pay the estate debts, and distribute the estate shares to the proper heirs. Getting the signed consent of the other people who might also quailify to be next of kind, can prevent arguing later;
    OR
    .
    2. There is a Will, but the person(s) who are named PR in the Will either do not wish to serve, or are to ill to serve, or are dead.
    --Anne LoPiano

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  • My recently deceased sister has no will,spouse or children. Our parents are dead. Are my half siblings entiled to equal assets?

    Or is the estate divided between just the siblings with the same parents,and they decide what, if any assets should be distributed to the half sisters?

    Anne’s Answer

    Yes. Half siblings get equal shares as full blood siblings.

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  • My sister recently died and did not have a will. She had no spouse or children. How is the estate split ?

    There are 5 sisters, 3 are half sisters. She did write down some of her wishes. They were not dated, notarized, or witnessed by anyone. Would this be a legal document?

    Anne’s Answer

    If either of your sister's natural parents (not stepparents) survived your sister who died)then her entire estate would go to the survibg parents or parent. If both paremts pre-deceded her, than her entire estste goes in equal shares to her surviving brothers and sisters sisters (both half and full bood siblings). The notes left by your sister, uncofrutanately, are not legally binding onn anyone and have no legal effect. Hope this helps!

    Anne LoPiano

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  • Divorce with yound children

    My husband wants a divorce and I have been begging to reconsider- no adultery or any major issues. We have a 2 year old and a 9 months old. Since I have been doing everything to change my mind, I moved out to an apartment upon his request of one...

    Anne’s Answer

    If you want the right to live in the house after divorce, and or to have the Court order that your ex is to pay any portion of the mortgasge debt, you will have to file as part of your Complaint or Counter Complaint for Divorce, a petition for a "Use and Possession Order". YOu really need to have a Maryland licenses attormey assist you with this.

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  • My boyfriend had surgery for a brain aneurysm and is in ICU. Can his mother be granted power of attorney?

    My long time boyfriend just had a small brain aneurysm. He has been in ICU for ten days now and his condition is improving. His mother, who he does not speak too wants to become his power of attorney. Can she be granted this? He has stated many ti...

    Anne’s Answer

    If your boyfirend is awake and aware and able to make decisions, he can execute a power of attorney in writing, to any person he chooses. An attorney should be aksed to draw one up if he is concerned that he may not be able to manage his own affairs any time soon. His mother has no right or ability to make herslef his attorney-in-fact (poer of attorney) agaisnt his will. She may however attempt to obtain guardianship over him and his property -- so be on the lookout for any mail to his house or papers delivered to his hospital room that so indicate. if that happens, you and he may wish to respond to the court that mom is not a good persopn to be guardian, and if he needs one, maybe you would be better.

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