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
46 Questions Answered
- Q. As the father how do I get full custody if the mother has signed a consent of guardianship to child's grandmother?
- A: If there is already a court order for custody, then you should file a motion to modify custody. If there is no court order for custody, then you should file a new action to obtain custody of your child. You should also object to the guardianship proceeding. You don't automatically get full custody after mother signed away her custodial rights, but there is a presumption that your rights to custody are superior to grandmother's rights.
- Q. The 2 PR's of my mother's estate are not listing the property for sale, etc. What are our options to get things moving?
- A: Assuming all other options, including direct negotiation, mediation, PRs' rejection of a written offer, etc., then you may file an action with the court asking the court to provide instructions on how to proceed.
- Q. ExeCutor what duties or rights do thy have
- A: The executor or personal representative of an estate has a fiduciary duty to administer the estate according to the terms of the will, or if there is no will, according to the laws of intestate succession. These duties include inventorying the estate, taking possession of estate property, evaluating and paying legitimate claims of creditors, avoiding self dealing, and timely distributing estate assets to those entitled to receive distributions.
- Q. Did Small Estate Affidavit, I am Personal Rep. Title company won't except Affidavit without lawyer writing it up.
- A: If you went through the small estate process, you are the claiming successor, not the personal representative of the deceased person's estate. There are some title companies and banks that will not honor an affidavit of claiming successor. I suggest you provide the title company a copy of the Oregon statute with a court certified copy of your affidavit. You will still need to prepare a deed to transfer title to the house. If the title company is seeking an opinion letter from an attorney, then you will have to retain an attorney for that.
- Q. what forms would have been needed in order to allow a person to represent her fathers estate?
- A: You will need a court order appointing you as personal representative of your father's estate. Once you get that court order, the clerk will issue letters testamentary. That is a document signed by the court that states you are authorized to act on behalf of your father's estate.
- Q. Do I have the legal right to take my 2 children (one not his biological and youngest is) and leave him to get a divorce?
- A: You have the right to take both children and leave him to get a divorce. He also has the equal right to take his bio child and file for divorce. To obtain legal custody of his non bio child, he will have to overcome a presumption that you are acting in the child's best interests. That will be very hard for him to prove.
- Q. If I buy a car before I file for divorce can my wife try to take it in the divorce?
- A: If you purchase the car in your own name after separation, that car will likely be considered your separate property and you will retain it. It is possible but not likely that your wife could be awarded the car. For example, if your wife's mother takes her car back and your wife has to transport children but has no car, then the court could award the car to your wife. Again, this is unlikely but possible.
- Q. What should I do?
- A: If you've made reasonable efforts to personally serve him to no avail, you may ask the court for an order authorizing service by publication. If he doesn't respond within 30 days, then you may obtain a default custody judgment. Once you have the custody judgment, you can obtain a writ of assistance directing local law enforcement to take the child and give the child to you. Once you have a custody judgment, law enforcement may be more willing to assist in locating him.
- Q. My husband has a judgement against him. All of our assets are separate in each of our names. Can I be liable for costs?
- A: You are not liable for your husband's judgment if he incurred the debt before the marriage. If he incurred the debt after the marriage date and the debt is for a family purpose, such as for his medical expenses, you could be responsible for the debt. But the creditor would have to pursue a claim against you individually before the creditor could take any of your individually-owned assets or your income in payment of the debt.
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