Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse & Neglect
- Medical Malpractice
- Elder Law
Additional Practice Area
- Car Accidents
- Free Consultation
Free 15 minute initial telephone consultation
- Credit Cards Accepted
- Contingent Fees
Contingent fees in all injury and accident cases.
- Rates, Retainers and Additional Information
Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
- Vincent J. Bernabei LLC
- - Current
- Kennedy King & Zimmer
- Boettcher, LaLonde
- Lewis & Clark Law School
- University of Nevada-Reno
- Outstanding Volunteer
- Multnomah Bar Association
- Washington State Bar # 14649
- - Current
- Oregon State Bar
- - Current
Websites & Blogs
72 Questions Answered
- Q. Will I have to pay back money I withdrew from my roommates account as was his request should he pass away and I was to
- A: If you were not a joint owner of the account, or if you were not named as the beneficiary of the account upon the death of the account holder, then the money is not yours and you must return it to the Personal Representative of the Estate. You should make a claim against the estate for your deceased roommate's share of the expenses that accrued while he was alive. If there are on-going expenses after your roommate's death, those may be expenses of estate administration that are also subject to reimbursement.
- Q. My ex-wife says she wants to give me custody of our 7 year old daughter, how do we go about changing custody?
- A: You can change custody by agreement by submitting to the court a signed stipulated supplemental judgment modifying custody. An attorney or mediator can assist you in preparing the supplemental judgment.
- Q. The custodial parent was founded 10 years ago through CPS a month ago CPS open up a case is that enough to change a cust
- A: It is difficult to change legal custody because the court wants to promote stability in the child's life. Even so, you may be able to show a substantial change in circumstances that justifies a change in custody. The custody determination is based on many factors but ultimately it comes down to what is in the child's best interests. If there is an active investigation by DHS and there is a documented risk of imminent physical harm to the child, the court may grant emergency temporary custody to you in order to protect the child. Each case is unique, so you should consult with an attorney to get good advice based upon the particular facts of your case.
- Q. If you impregnate a women that you are not involved, can we create a waiver that gurantees I cannot be forced to pay CS?
- A: You may successfully donate sperm and eliminate all of your parental rights and responsibilities for the child in Oregon. You will need a detailed contract prepared by an Oregon attorney.
- Q. does non custodial parent have any rights?
- A: You and the father have equal rights. These should be spelled out in your parenting plan. Even if they are included in the parenting plan, some parents try to interfere with the other parent's rights. In those cases, he will get away with whatever you let him get away with. The best way to avoid that is to arrange for direct contacts with the school, so you don't have to rely on him to relay information to you. Most schools now have electronic access to teachers, grades, events, coaches, etc. You should sign up directly and schedule your own parent teacher conferences, and arrange to view your children's health care records on line. Also, remember you should never bad mouth the other parent to any professional with whom your child has contact.
- Q. What precautions do I need to take if I were to allow my neighbor shared use of my land?
- A: You should document the agreement in writing to confirm that their use of your property is permissive. That way, they or those they may sell to, can't later claim adverse possession of the area. This can be done with a signed letter agreement.
- Q. How can I have my name removed from a home equity line of credit loan?
- A: If the General Judgment of Dissolution of Marriage includes the legal description of the home and awards the home to you, then you are the legal owner of the home. Ordinarily, your judgment should also require your former spouse to sign a deed conveying his interest in the property to you. If the judgment requires your former spouse to pay off the line of credit, he should do so before or at the time you refinance; otherwise, you will have to pay off the line of credit when you refinance. If the line of credit is not paid and canceled, your judgment should provide that he cannot make any additional charges on it. Payment of the line of credit is not enough; you have to make sure the line of credit is canceled once it is paid in full. This can be done when you refinance the mortgage. Since you signed for the line of credit, the bank is unlikely to release you from responsibility for that debt unless the debt is paid in full.
- Q. What would happen if i left my house 4 months before turning 18?
- A: Legally, not much would happen. You would be cold and hungry unless you have some place to live and a job. If you are in public school, you can contact a counselor to arrange for free meals and public transportation. I suggest you patiently wait until you are 18, and then you can do whatever you choose, and suffer the consequences of your decisions on your own.
- Q. My son's Father and his attorney have put the wrong child's name on the child support paperwork. Do I need an attorney?
- A: You may need an attorney if the General Judgment in your case incorrectly identifies the child for whom support is to be paid. First, contact in writing the attorney who made the error, notify the attorney of the error, and let the attorney know a corrected judgment needs to be entered. If that doesn't work, then you should contact an attorney.
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