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Questions Answered by Vincent J. Bernabei
2 Answers | Asked in Estate Planning for Oregon on
Q: Do I have to itemize assets to go into a pour over will in oregon
Vincent J. Bernabei
Vincent J. Bernabei answered on Jun 24, 2020

For estate planning purposes, you do not need to specifically identify in a pourover will any assets that will be transferred after death. The pourover will is essentially a back up estate plan. First, all assets except qualified retirement accounts should be placed in trust. Second, if an asset... Read more »

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1 Answer | Asked in Divorce for Oregon on
Q: We are doing our own divorce paperwork in OR.He prenupped the farm.I've lived/helped 13 yrs.Do I get anything from that?

We signed a prenup that he keeps the farm should we divorce. Now I have to move because it's his. We tried to split up other property fairly. He counted the money he had and I had before marriage as owed to him on his side since he had more. Wondering if I am missing $ in equity somehow or he... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 26, 2020

If the prenuptial agreement is a valid contract, then the divorce court will most likely approve it. There are many factors that must be considered in determining whether the prenuptial agreement is a valid contract. Factors include whether there was a full disclosure of all material facts... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: My spouse was awarded house in decree but owes a buyout. He no longer wants the house nor to do the buyout.

Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 12, 2020

Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Should I let my mom's 100 or so junk vehicles go through probate or should they be re-titled to her Trust?

My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.

Vincent J. Bernabei
Vincent J. Bernabei answered on May 4, 2020

If your mother has the certificates of title for the vehicles, she should sign her name in the release of seller's interest on the back side of the titles. Once she signs a title, keep it in a secure location. After (or before) your mother passes, you can transfer ownership of the vehicle by... Read more »

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2 Answers | Asked in Child Support, Family Law and Tax Law for Oregon on
Q: Can my boyfriend get child support payments paid directly to him since he is 18?

So general information:

My boyfriend is 18, and I am 19. We are both still enrolled in highschool.

My boyfriend gets child support payments from is adoptive/legal father, not his biological father. The child support payments are I believe, $300? But basically my boyfriend's... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 29, 2020

Yes it is possible under Oregon law to have child support paid directly to an adult child attending school. If support is paid by income withholding through the state, the state will make payment to the adult child directly unless the adult child has indicated another method of payment. Your... Read more »

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can a noncustodial parent refuse to communicate with custodial parent or minor children unless through a third person?
Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 16, 2020

If there is a written custody order or judgment signed by a judge, both parents are required to follow it. You should review your custody order or judgment to determine whether it requires direct communications. Generally, it is in the children's best interests for the parents to communicate... Read more »

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My recently deceased father wrote me out of his will, but I believe he had dementia. Is there anything I can do??

He lived with me from mid 2008 until Nov. 2018. Left evthing to my half sister..helppp

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 15, 2020

The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the... Read more »

6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 8, 2020

Mr. Stevens is correct. The insurance company for the at-fault driver ordinarily will refuse to pay anything for your personal injury claim unless that claim is completely resolved. There won't be any partial payments. The 70% of income calculation is a rough estimate of after-tax income.... Read more »

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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... 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...
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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... 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... 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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