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
89 Questions Answered
- Q. I raised my grandson since he was born. My daughter took him back at the beginning of the the school year. And because
- A: If within the past 180 days, the child resided with you and you provided his daily care, nurturing and support, you are eligible to file a claim for custody of the child. If it has been more than 180 days since the child resided with you, then you can still file a claim for visitation rights. These are usually complex cases, and you will have to prove that current circumstances are detrimental to the child and that his parents are not acting in his best interests. In a contested case that results in a trial, litigation expenses could be expected to reach or exceed approximately $10,000.
- Q. my boyfriend is coming down and wants me to sign adoption papers for his daughter the mother gave up her parental rights
- A: This is a bad idea, and I would advise against it for many reasons. Mother can't just give up her parental rights, unless they were terminated by a court order. You will need a judgment/decree of adoption, which will make you the legal parent of the child. You should consult with an attorney before proceeding further on this.
- Q. My sister and I jointly own the house in which we both live. Can doctors and hospitals put liens on the house for bills?
- A: If health care providers file suit and obtain a judgment against your sister, the judgment becomes a lien on any real property owned by your sister in the county where the judgment was entered. Generally, claims of creditors will attach only to the debtor's interest in the property, not to the co-owner's interest in the property. If you and your sister own the home with rights of survivorship, and she survives you, then the entire equity, minus a statutory homestead exemption, may be subject to creditors' claims. If you survive her, then the creditors' claims to the real property are extinguished. If you do not own the property with rights of survivorship, then the claims of your sister's creditors will still attach to her undivided one-half interest in the property. There are legitimate ways to preserve assets in the face of possible future claims, so you should consult with an attorney.
- Q. If I'm the only child and my last living parent just died do I have to go threw probate?
- A: Your parent's estate may be subject to probate if your parent owned assets in his/her own name at the time of his/her death, and there is no joint owner nor any named beneficiary on your parent's account. Examples include a home in your parent's name alone, or a bank account in your parent's name alone, with no payable on death beneficiary named. Depending on the value of your parent's assets, there are some alternatives to probate. For example, you may be able to transfer ownership of the assets through a small estate affidavit rather than a formal probate proceeding. That is a much quicker and cheaper process than probating the estate.
- Q. My mother recorded a B&S deed, adding me to title, as "tenants by entirety". Will this be legal?
- A: It is legal but not very wise. If your mother dies before you, you will receive the home and you may have to pay capital gains taxes on the full sale price if you sell the home after your mother's death. There are other serious pitfalls of naming a child as co-owner of the property. I recommend that your mother contact an attorney to discuss establishing a revocable living trust.
- Q. My mother put her children's names on the deed to her house 20 years ago, thinking it would make passing it on to
- A: You should contact an attorney with experience in estate planning. Your mother may be eligible for Medicaid if she hasn't owned the home for 20 years. Capital gains taxes can be reduced if the home is one's primary residence. Before transferring the home back into your mother's name, you should consult with an attorney to determine your options.
- Q. I have joint custody and 50/50 time of my son. My ex claimed him on taxes when it was my turn. What can I do?
- A: You can do nothing or you can claim your child as a dependent for tax purposes. If you claim him as a dependent, the IRS will audit you and your former spouse. You will need to prove to the IRS that your child resided with you at least 50% of the year and that you paid more than 50% of his expenses for the tax year. You could also ask the divorce court to award the tax dependency exemption to you in alternate years, which the court will probably do after conducting a hearing.
- Q. I have WA, child support case. My X received assistance in OR, now I have 2 child support cases. Can they do that?
- A: No. There should be only one support order. If the WA order was entered first, that order is the controlling order. Oregon may be enforcing that WA order, but it should not enter a new order unless the WA order has expired or is no longer effective.
- Q. Does after school care count as "daycare" when determining reevaluation of child support?
- A: If the after school care is needed because the parent is working, searching for work, or attending school, then the costs are included in determining the presumed amount of child support under Oregon law. Depending on the county in which the child resides, there is a maximum amount of childcare expenses that may be claimed.
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