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Questions Answered by Vincent J. Bernabei
2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not

What share of the estate is the half sister entitled to

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

I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.

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2 Answers | Asked in Divorce for Oregon on
Q: We bought a house 3 months ago loan is in his name house in both Jan will be 3 yrs married . How is this handled
Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 25, 2019

Any asset acquired during the marriage is considered a marital asset. As a general rule, the net value of a marital asset is divided equally when spouses divorce. Net value means fair market value of the asset minus any debt owed on the asset. There are exceptions to the general rule, so you... Read more »

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2 Answers | Asked in Elder Law and Consumer Law for Oregon on
Q: Elderly manipulation

My father has an elderly friend that we believe is being manipulated by foreigners for money in a promise for a relationship. He might have spent tens of thousands if not hundreds to help a female make it to America for a relationship. This female seems to have multiple medical or other problems... Read more »

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

This is a common scam and is considered elder financial abuse, most likely. You may call local law enforcement or adult protective services to report your concerns. You can also alert your father's friend's bank to be on the lookout for suspicious, large transactions. If your father's friend is... Read more »

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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?

.

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 »

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