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Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How to do i get my chdren out of an abusive home?

I am in need of legal assistance with my post judgement child custody case. I am in fear for my childrens safety and well being. They currentlyreside with my ex wife and her abusive husband. I have made several attempts to file paperwork myself. I have multiple court documents and supporting... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 23, 2021

I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving... Read more »

2 Answers | Asked in Personal Injury and Tax Law for Washington on
Q: As the title holder am I held liable for what the registered drives does? Accidents? Death?

My brother wants to transfer multiple vehicle titles into my name to avoid them being seized for child support payments.

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 21, 2021

As the owner of the vehicle, you are generally liable for the actions of persons you permit or allow to use the vehicle. You do not want your brother's legal and financial problems to become your legal and financial problems. Steve Dashiak's answer is spot on. There's an old... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Is a will that is handwritten in Oregon, signed by the testator and notarized valid?

There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 12, 2021

It is now possible under Oregon's "harmless error" statute that a written document that is not signed in the presence of, and by two qualified witnesses may be a valid will.

The question is whether there is clear and convincing evidence that the testator intended the...
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1 Answer | Asked in Personal Injury for Oregon on
Q: There is a homeless camp next door on private property who do I file suit against

The property next door has a huge homeless camp the city won't make them move because they say it's private property. The man who owns the property lived out of state but he recently passed away its a prime piece of property on tualatin valley hwy in hillsboro. But we have been told our 2... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Mar 10, 2021

You may have a private nuisance claim against the owner of the adjacent property. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land.

To prevail on a claim of private nuisance, the plaintiff must prove it is more likely than not that:...
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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mom named the youngest sibling the executor of her will. Can he do what he wants with the property?

There are 3 siblings and the youngest was named executor. She listed a few things that were to go to each of us in her will. I'm curious as to what happens with her real estate as it wasn't mentioned to whom it goes to. She wasn't married at time of death. Does the executor get to... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 11, 2021

A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.

If your mother owned the real estate in her individual...
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2 Answers | Asked in Estate Planning for Oregon on
Q: If my husband had a POA prior to us being married, is that persona still his POA?

My mother in law is my husbands POA and it was filed several years ago. Since it was filed we have married, who has the legal rights her or me?

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 5, 2021

If the power of attorney does not contain an ending date, the law assumes it is “durable.” That means the authority does not end, even if the person giving the power of attorney is incapacitated. A durable power of attorney is useful when the person who authorized it later becomes unable to... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: My son just turned 18 is he still required to visit his non custodial parent?

We live in Washington state. I am receiving support from the non custodial parent until he graduates high school per the support agreement.

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 2, 2021

An 18 year old is considered an adult and is no longer subject to a court order for parenting time.

1 Answer | Asked in Family Law for Oregon on
Q: My ex has a restraining order on me but my 18 year old daughter lives with her and last night she hit her

She left a 6,7 and 10 year old alone to get high and hit my daughter.

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 2, 2021

I am sorry to hear of the abuse your children have suffered. You did not ask a question but I hope this helps:

Your 18 year old daughter is an adult and is entitled to make her own decisions regarding where she will live and whether she should obtain a restraining order. She is eligible...
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1 Answer | Asked in Foreclosure and Probate for Oregon on
Q: How can I obtain legal rights to my parents property after they have passed and left no will.

A brother who has recently passed was staying on property. There is a foreclosure on property due to neglect of paying a county property tax debt. What if any is the easiest way to obtain legal rights to pay off tax debt? And be the executor of property. Thank you.

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 22, 2020

Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real property (home and land).

A probate is needed to clear title to land or a home that was held in the name of the deceased...
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1 Answer | Asked in Family Law for Oregon on
Q: Can I get child support arrears if the other parent hasn’t been following the agreed upon parenting time?

Two years ago I signed an agreement to share 50/50 parenting time. However, shortly after the agreement and child support order was modified the other parent no longer allowed one of his children to visit due to behavior issues and therefore neither child has been at the other parent’s house for... Read more »

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

Your question presents a complex and unique situation that cannot be answered here.

Generally, a modification of child custody requires a substantial change of circumstance since the time of the most recent award of custody. Once a person demonstrates a substantial change of...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I was served custody paperwork dated 11/16/2010. Is it still valid being dated wrong.
Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 15, 2020

The main purposes of service of legal pleadings (service of process) are (1) to notify a person that there is a court proceeding that may affect his or her legal rights and (2) to give that person an opportunity to contest the claim. If the purposes are met, the service of process is considered... Read more »

2 Answers | Asked in Probate for Oregon on
Q: my sister left no will or anything and has 2000 in bank, can i close acct with death certificate?

Not sure how oregon laws work and if probate is always needed when someone really does not own anything and very small funds in bank left

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 14, 2020

Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are any property a person owns that is of some value, such as a bank account.

If your sister named you as a co-owner of the account or as the payable on death beneficiary of the...
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1 Answer | Asked in Divorce for Oregon on
Q: If ex violates court order, should that be addressed before any further discovery?
Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 8, 2020

Oregon courts permit "discovery" of “any matter, not privileged, that is relevant to the claim or defense” of any party. The document or infor­mation being sought need not be admissible in court as long as it “appears reasonably calculated to lead to the discovery of admissible... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: If parenting plan to move out of state is agreed upon, only if child support is cut. Is that extortion?

My wife and I are trying to move from Oregon to Arizona. We met with her ex (non custodial) parent and he agreed upon a parenting plan but he will only sign if child support is cut in half.

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 20, 2020

No. Extortion is a crime that usually involves a threat of physical harm. You have a dispute about child support.

Oregon’s Uniform Child Support Guidelines contain a formula that takes into account the parties’ gross income, the parties’ parenting plan (the overnights), childcare...
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2 Answers | Asked in Probate for Oregon on
Q: no will or power of attorny on my stepdad n moms house stepdad died 28 days later my mom did i need to know how to claim

my mother died 4 days ago n i need to know how to file claim on house in oregon no will or power of attorny im oldest child my sister died as baby n my brother doesnt want it

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 20, 2020

You will first need to check the deed to the home to see who owned it. If the home was owned by your stepfather and your mother (or your mother alone), then you will need to probate your mother's estate. Probate is a legal process whereby a court oversees the distribution of assets left by a... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: In my mom's Probate case the Probate Lawyer sent us paperwork containing an invalid (earlier) Will and also in the Court

paperwork listed her surviving husband as heir or devisee when he is not listed in the Will as such and in fact signed a Waiver of Elective Share that is referenced in the Will. My sister and I think that these issues are not valid or legal. We have sent the Lawyer a letter detailing these two... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 17, 2020

There are many variables to consider, but in most cases, you have four months to file an objection disputing the validity of the will that was submitted to the probate court . The time for objecting begins to run from the date you received notice of the probate proceeding. The objection must be... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: My mom died intestate with big credit card debt. Her only income was social security. Do we have to go thru Probate?

After cremation, she had no money left, didn't own a home, was single and has a financed older car. She lived with my brother.

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 3, 2020

Please accept my condolences on the death of your mother.

Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real and personal property and cash, for example.

You...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How long is the process to petition the court to move out of state if I have joint custody?

I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 3, 2020

Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can my ex say I'm unfit in custody case cause I'm stay at home mother. I'm remarried and my husband has a great income

Being as I'm able to stay home and school our children would my husband income count as providing for my children. Or for custody would they go off just my income? I know with child support they go off just your income but what about custody and providing for your children when your remarried.... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 16, 2020

One factor that a court may consider in deciding whether to modify child custody is whether a parent is able to provide a secure and stable environment for the children. Your current spouse's income, which allows you to be a stay-at-home mother to your children, could work to your advantage... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
Q: I want to have my kids more, but my wife refuses.

My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... Read more »

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

The presumed amount of child support in Oregon is based upon the following variables.

1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that...
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