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Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Sexual Harassment for Oregon on
Q: Today, sixteen years later, I found out I was molested and have written proof from the molester can I press charges
Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 4, 2019

Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: Is there a lawyer whom does or would be willing to help me for almost nothing?? I desperately need help

I'm uneducated to how the system works and I need help

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 4, 2019

If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.

You could also...
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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Probate statute of limitations in Oregon where non relative recieved my father's house, claiming to be his daughter?

Three years ago next month, my father died. The self claimed executor of his estate contacted me because a cousin told her to. When I asked about his house in Clatsop County, she daid it was being sold and no one knew he had two daughters. She hurried up and held a service. And she herself... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 29, 2019

You should immediately contact an attorney to determine your rights. If your father did not have a will when he died, then you and your sister are entitled by law to a share of his estate unless he was married to your mother when he died. If your father had a will that was probated by a court, it... Read more »

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2 Answers | Asked in Family Law and Real Estate Law for Oregon on
Q: In OR unmarried couples that live as married have rights dividing assests and real property like married people
Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 16, 2019

When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. If there is no written agreement, the court should examine the facts to determine the parties’ implicit intent. The... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: Where to file small estate claim?

My father was killed during the scope of his work out of state. My mother has been told that she must open a small estate case in Idaho and not in Oregon where they live. Is this correct?

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 9, 2019

I'm sorry to hear of your father's death. If he was a resident of Oregon when he died, you may open an estate in Oregon but then you may also need to open an ancillary estate if he owned real property in Idaho when he died. If he was an Oregon resident but owned real property located in Idaho... Read more »

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3 Answers | Asked in Divorce for Oregon on
Q: My husband took all our money out of our joint bank account and put in a bank account with just his name on it?

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Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 9, 2019

The property subject to division in a dissolution consists of two categories. The first, “marital property,” consists of any property that either or both of the parties own, regardless of when the property was first acquired. The second category of property is “marital assets.” Marital... Read more »

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2 Answers | Asked in Child Custody and Family Law for Oregon on
Q: can i get custody of non biological children

i hAVE six children 3 of them whore are my childrens sibiling that i have raised 100% there lives 3,4,8 mother is absent for over 3 years and father and i are seperated i raise the children 100% on my own and have played the role of single parent half of there lifes alone since seperation i have... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 3, 2019

To obtain custody of a child who is not your biological child, you will have to overcome a legal presumption that the child's legal parent is acting in the best interests of the child. Raising the child may be enough to overcome the presumption that the legal parent is acting in the child's best... Read more »

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3 Answers | Asked in Estate Planning, Tax Law and Probate for Oregon on
Q: Hi, my name is wing I need help for my next steps

Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 24, 2019

Please accept my condolences on the death of your spouse. From your post, it appears you are or may be a beneficiary of a revocable living trust. Your spouse was one of the trustors of the trust, and you may be a trustor also. A trustor is a person who creates a trust. I recommend that you... Read more »

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3 Answers | Asked in Divorce for Oregon on
Q: Her lawyer states I'm not entitled to spousal support, even though her income is 6 times more than mine?

Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?

Vincent J. Bernabei
Vincent J. Bernabei answered on Aug 14, 2019

There are three types of spousal support in Oregon: compensatory, maintenance and transitional. In deciding whether to award spousal support, and the type, amount and duration of spousal support, the court will generally consider the following factors:

(I) The duration of the marriage;...
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1 Answer | Asked in Insurance Bad Faith and Public Benefits for Washington on
Q: My husband is disabled, receives Medicare with prescriptions cov. with Cigna. Five reimbursement checks bounced. Help.

Cigna did not coordinate their benefits with Nathan's primary insurance coverage through Regence. Cigna did not cover any copays for 3 years. We didn't quite understand the magnitude until speaking to our pharmacy and doing some investigating. We spent hours and hours collecting print outs from... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 9, 2019

If you have received bad checks, you can recover from the company issuing the checks the costs of collecting the amount of the check, including attorney's fees, interest on the amount of the check which accrues at the rate of twelve percent per annum from the date of dishonor; and three hundred... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: 2017 divorce stipulates she pay for her car, 2018 cosign to help her lower payment, 2019 refi house but rejected because

cosigned new loan to lowers exwife car payments , mortage copmany says this voids divorce stipulation that she pay for car, and now rejected for refi on house anyway to fix this??????

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 18, 2019

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... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Washington on
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?

Yes he is 18 but he is still in high school & his dad claims he is the custodial until my nephew graduates.

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 11, 2019

You don't. Your nephew is an adult.

3 Answers | Asked in Probate for Oregon on
Q: G-parents died in 1976 with no wills, no probate was done. OR has unclaimed money (life ins policy). How can I claim?

Grandmother died 9/4/76, Grandfather died 9/20/76, 1 surviving son, whereabouts unknown, 1 deceased son, 1 granddaughter (me), 1 grandson, whereabouts unknown. Grandmother was beneficiary on life insurance policy, no secondary listed. No claim has been filed by creditor's for the unclaimed money,... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 12, 2019

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... Read more »

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1 Answer | Asked in Family Law and Antitrust for Oregon on
Q: what kind of lawyer will i need to represent my interest concerning my mothers last will

i will want a lawyer close to zip 97478

Vincent J. Bernabei
Vincent J. Bernabei answered on Mar 13, 2019

If your interest in your mother's will is contested, you will need a lawyer who has experience in probate and estate litigation.

1 Answer | Asked in Probate for Oregon on
Q: Dad left a will to include four beneficiaries. Dad sold house one month prior to death. Money was put in savings. Only 1

Child benefited from it. Is that legal?

Vincent J. Bernabei
Vincent J. Bernabei answered on Mar 6, 2019

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... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon on
Q: why would the opposing party not have to have accounting before the estate is out of trial?

The opposing party is not coming forward with accounting for unknown reasons and has also borrowed money from the estate without approval from the judge. The opposing party also had depleted the estate account and had to open another one giving an updated inventory and is somehow blaming their... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 6, 2019

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... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: My wife has constantly cheated the last 4 + years now she wants divorce. I’m on disability what options do I have

She had me move my mom in the house almost a year ago, now she’s trying to take the house and my mom and me have no where to go. Because of her infidelities I’m mentally emotional because of her and her cheating

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 10, 2019

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.

Both my boys have autism, and my youngest is mostly non verbal. Something happened over at his Dad's that caused my son to have PTSD. If I say "Dad" in ANY context (in any convo to others) he turns white and panicks. Sadly he can't tell me why. I was granted sole custody of them both in the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 7, 2019

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...
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1 Answer | Asked in Probate for Oregon on
Q: I have a hand written will that all assets go to me, his wife but there is not a legal marriage license.

How do I complete probate? Our home and car are only in his name and it is under 100,00.00 in assets. Do his children have to do the probate or can, I. They all agree that the property is to be mine. We were married in Idaho under the common law.

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 3, 2019

The handwritten will should be submitted to the probate court to begin the probate process, along with a petition. If the fair market value of the real property (home) is less than $200,000 and the fair market value of the car and other personal property is less than $75,000, you may be able to... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it
Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 3, 2019

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... Read more »

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