Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse & Neglect
- Medical Malpractice
- Elder Law
- Domestic Violence
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
113 Questions Answered
- Q. Ex racked up medical bills before order was signed & let them go past due, do I owe for bills before court order signed?
- A: The answer probably depends on the commencement date for child support as set forth in the General Judgment of Dissolution of Marriage. There may be other relevant provisions in your judgment. If you do not have a copy of your general judgment, you should get one from the court or from your attorney.
- Q. House bought when we are married. down payment is my mom's gift; loan and title under my name. What happens if divorce?
- A: Your mother either loaned you money or gave you a gift for the down payment, but it can't be both. Since the home was purchased while you were married, there is a presumption that your and your husband's contributions toward the acquisition of the home were equal. To overcome that presumption, you would have to prove that the gift was to you alone and you did not commingle it into your joint financial affairs, or that the loan was not repaid and is due. Depending on the length of your marriage and many other factors, you may be able to retain the down payment as your separate property and the balance of the home equity would be divided equally.
- Q. Dad passed away. what can I do with his cars?
- A: If you are proceeding with a small estate affidavit, the claiming successor of the small estate can have the cars removed from the rental property, assuming you have the keys, and either complete and submit to DMV an affidavit of heirship for each car or sell the cars and give the buyer a certified copy of the complete small estate affidavit and a bill of sale. The new buyer can then register the car with DMV. Please note the small estate affidavit should include a description of the cars.
- Q. I have to grt me and kids out and way from there dad (my husband). What the fast way to get out and get cuosdy of them?
- A: The fastest ways to obtain a court order for custody of the children and get away from your spouse is to file for divorce or legal separation and seek emergency temporary custody based upon an imminent threat of harm to the children or seek a Family Abuse Restraining Order by showing you were a victim of abuse within the past 180 days, there is an imminent danger of further abuse, and he represents a credible threat to the physical safety of you or the children. Please note that the fastest way to obtain custody may not always be the best way, and you should therefore consult with an attorney who can give advice based upon the specifics of your case.
- Q. I need to figure out how to get immediate guardianship of my nephew whom has been living with me a few months now.
- A: You may either file a petition for guardianship of a minor or a petition for custody in the county in which you reside, assuming the child has resided in Oregon for at least the past six months. Alternatively, if your brother will sign a delegation of parental authority, you may be able to avoid or at least delay having to file a court proceeding. The delegation of parental authority is valid for up to six months, and can be renewed. It allows you to make decisions for the child by agreement rather than court order. The child's mother probably has rights which could be affected in a court proceeding, and she would need to be notified in the event you initiate a court proceeding, unless her parental rights have been terminated.
- Q. I want to donate my car. My deceased grandmother is listed second on the title since she cosigned. What do I do?
- A: You should give the car title with your signature on it, your grandmother's death certificate, and the DMV affidavit of heirship to the company you want to donate the car to. The affidavit of heirship should be signed by the beneficiary of your grandmother's estate. You can get the DMV affidavit of heirship form online.
- Q. What can be filed while dissolution of marriage is pending to allow for exclusive occupancy of the home by mom and kids?
- A: If you have not already done so, you should file a motion for order to show cause for temporary orders, including exclusive occupancy of the residence. This motion should have been filed at the time the divorce action was filed, along with a request for temporary child/spousal support. The status quo order will probably not prevent the father from coming and going to the home. You should consult with an attorney for more specific advice.
- Q. Indivorce case, her spouse repsonded and now have a mediation date,Is it true only parenting time can be discussed?
- A: Depending on which county your case is filed in, mediation may be limited to custody and parenting time issues. In Clackamas County, the mediators will address financial issues as well, but not in Washington, Multnomah, and Marion counties. As an alternative, you can retain a private mediator who can assist you in resolving all issues in the case.
- Q. If an existing health issue gets worse after a car accident can you sue for that?
- A: Yes. Depending on the health issue, it would be considered either an aggravation of a pre-existing condition or a lighting up of a previously infirm condition. The difference depends on whether the person experienced any symptoms and obtained any treatment for the condition before the accident.
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