Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse
- 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
- University of Nevada-Reno
- Lewis & Clark Law School
- Outstanding Volunteer
- Multnomah Bar Association
- Washington State Bar # 14649
- - Current
- Oregon State Bar
- - Current
Websites & Blogs
192 Questions Answered
- Q. 2017 divorce stipulates she pay for her car, 2018 cosign to help her lower payment, 2019 refi house but rejected because
- A: The 2018 transaction does not void the divorce judgment. Your former spouse complied with the divorce judgment by refinancing the car debt in 2018. You effectively co-signed for a legal stranger, since you were under no legal obligation to do so. You may have some options, but you should contact an attorney to discuss the specifics of your case, including the express terms of your divorce judgment.
- Q. G-parents died in 1976 with no wills, no probate was done. OR has unclaimed money (life ins policy). How can I claim?
- A: Assuming the funds are held by Oregon Department of State Lands, you will need to determine whether either or both of your grandparents had wills. If so, one or both of their estates may need to be probated, depending on the terms of the wills. If you are the daughter of their surviving son, you don't get anything unless the will provides for it. If there are no wills, and if you qualify as an heir, you could file a small estate affidavit and the money would be divided according to intestate succession.
- Q. Nephew is 18 & in HS, been living w/me for 6 mos. His Dad won't give up being the custodial. How do I become custodial?
- A: You don't. Your nephew is an adult.
- Q. what kind of lawyer will i need to represent my interest concerning my mothers last will
- A: If your interest in your mother's will is contested, you will need a lawyer who has experience in probate and estate litigation.
- Q. Dad left a will to include four beneficiaries. Dad sold house one month prior to death. Money was put in savings. Only 1
- A: More information is needed to answer your question, including whether the child who received the savings account was a joint owner of the account or a payable on death beneficiary of the account and what were the circumstances surrounding your father's decision to effectively change his estate plan and disinherit the other three beneficiaries named in the will. If your father was competent and was not subject to undue influence, he is entitled to do what he wants with his money. You should consult with an attorney to determine how best to proceed.
- Q. why would the opposing party not have to have accounting before the estate is out of trial?
- A: This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first spouse to die if all assets were owned jointly. If and when the surviving spouse remarries, the "new" spouse of the surviving spouse is entitled to at least 1/2 of the entire estate of the surviving spouse, and maybe more depending on whether there is a will and other circumstances. You should consult with an attorney to determine your specific rights.
- Q. My wife has constantly cheated the last 4 + years now she wants divorce. I’m on disability what options do I have
- A: Generally, your wife's cheating is not admissible in evidence in a divorce case. Oregon is a no fault divorce state, which means you cannot introduce evidence of fault to prove the reason for getting divorced. Your wife's cheating may be admissible if there is an adverse economic consequence that is caused by the cheating (for example, there is a large credit card debt because of lavish outings with another person). I recommend you consult with an attorney to determine your options, and how best to proceed.
- Q. I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.
- A: The answer depends on the terms of your judgment of dissolution of marriage. If it states you are required to give notice of your move, then you are required to give notice. The decision whether to modify parenting time to permit the relocation of children hinges “solely on the best interests of the children.” The only question is whether the children are ‘better served’ by relocating. The court must consider the following relevant factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; ( c) The desirability of continuing an existing relationship; (d) The abuse of one parent by the other; (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. You should consult with an attorney to determine how best to proceed.
- Q. If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it
- A: A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.” At hearing, petitioner must establish all three requirements or the restraining order must be vacated. You should consult with an attorney to determine whether and how you should challenge the restraining order.
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