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Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Divorce for Oregon on
Q: Can my transitional alimony be taken away if I move in with someone? Oregon
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 28, 2024

There are three kinds of spousal support in Oregon:

Transitional

Compensatory, and

Maintenance.

Transitional support helps pay for education or training so that a divorced spouse can find work, change careers, or advance in the job market. Transitional spousal...
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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My mom's will had language that indicates that we don't need to do probate. Do we have to anyway?

The language:

In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 24, 2024

Probate is not always necessary. For example, if the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, such as personal belongings or household goods, these items can... View More

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Mom died intestate w/a 350K estate. How do I stop my sister (other heir) from stealing everything pending end of probate

The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 19, 2023

Probate is not always necessary. If your deceased mother owned bank accounts or property with your sister, the surviving co-owner often will then own that property automatically. If your sister was named as the payable on death beneficiary of the bank account, probate probably is not be required.... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Do I have options? my spouse was driving and crashed involving just our vehicle. I broke my back can i be compensated.
Vincent J. Bernabei
Vincent J. Bernabei
answered on May 9, 2023

In General:

A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because...
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1 Answer | Asked in Family Law, Tax Law and Child Support for Oregon on
Q: The kid ends up not being the father's child but no paterniry dna test was ordered, what can the father do?

The ex-wife cheated and the child ends up not being his but he already has been paying child support for more than 2 years and no paternity dna test was ordered, can anything be done? A new child is on the way that is actually his.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 20, 2023

The answer to your question is complicated, and more information is needed.

Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie

Ex-girlfriend (mother of 2 kids) has repeatedly kicked out father and tried to ruin his reputation. She has called police and attempting to falsely get him arrested (police have not sided with her). Additionally she has kicked him out several times and is emotionally abusive to him, using the... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 5, 2022

Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have... View More

1 Answer | Asked in Probate for Oregon on
Q: How are proceeds on a house divided in Oregon, titled as husband and wife upon a death? Death 10 years ago.

When wife dies, how are proceeds divided? Can title be changed now? Nothing ever probated and title is still listed as husband and wife. He died 10 years ago. No personal representative was ever done. Children on both sides.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 20, 2022

The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Oregon can unmarried mother take kids out of state with no custody order
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 28, 2021

Oregon and most other states follow the Uniform Child Custody Jurisdiction Enforcement Act. This law generally requires that custody disputes be resolved in the home state of the child. The home state of the child means the state in which the child resided for at least the six months immediately... View More

1 Answer | Asked in Divorce for Oregon on
Q: Husbands Mother gave Iand our home is on to him and we never changed deed to both names. Will it be considered a gift?

We have lived on property in Manufactured home since 2007. We both own home. Home was on his mother’s property. Due to estate planning when property (land) was passed on to husband in 2019 it was in his name only. We never got around to changing deed to both our names. We have always... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 26, 2021

An inheritance is considered a gift. Gifts received by one spouse during the marriage are not subject to a presumption that the gift was acquired by the parties equally as long as the gift was held separately and not commingled into the joint financial affairs of the spouses. Although the... View More

1 Answer | Asked in Family Law for Oregon on
Q: my ex got a restraining order against me and put on there I can have visitation with my son, I haven't got to see him

I have not got to see my son in 4 months

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 24, 2021

A restraining order is a court order, and as is true with all court orders, it must be complied with by both parties.

The restraining order is effective for one year and can be renewed annually.

You may request a hearing within 30 days after you were served with the order. If...
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2 Answers | Asked in Probate for Oregon on
Q: How do you petition of probate
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 14, 2021

The petition is the document that is filed with the court to begin the probate process. 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 and personal property and cash.

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2 Answers | Asked in Car Accidents for Oregon on
Q: Where to find an attorney for hit and run motor vehicle accident?

Type of accident: Hit & run (documented in police report)

Driver (victim): Oregon resident

Accident location: Idaho (twenty miles from Oregon border, on westbound side of highway)

Policy: Vermont, major insurer

Coverage: Uninsured motorist

Where should... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 13, 2021

If you and the at-fault driver are residents of Oregon, then you have the option of filing suit in Oregon or Idaho. In Oregon, you would have to file suit in the county in which the at-fault driver resides or the insurer conducts business. If the insurer conducts business in ID and OR, which is... View More

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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Oregon on
Q: My boyfriend and I own a home. I put up the money for it. We are splitting. Do I have any rights to the money or home

I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 6, 2021

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. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”

You...
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1 Answer | Asked in Real Estate Law and Divorce for Oregon on
Q: Can my ex-wife move back into our house her name is on the mortgage but not the title and I recently got married again?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 4, 2021

Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... View More

1 Answer | Asked in Cannabis & Marijuana Law, Child Support and Divorce for Oregon on
Q: My fiancé’s ex wife is growing pot illegally and not reporting earnings to IRS in Oregon. We are paying child support…

He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 28, 2021

A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... View More

1 Answer | Asked in Divorce for Oregon on
Q: Filing for divorce, in Oregon both residents. Im the wife am I entitled to alimony, settlements owed .monies?

Married since July 5th 2014 at least still married separated and separate households since October 2018

Husband was soul provider

At the time when we were getting married. We signed, and the wedding official signed document stating husband will pay wife monies out to the wife every... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 20, 2021

In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions.... View More

1 Answer | Asked in Family Law for Oregon on
Q: I'm mother refuses to identify my biological father. Can I take her to court to I.D. him ?

i'm 46 years old

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

Filing a lawsuit against your mother would certainly create awkward times during the holidays. There are other ways to get the information you seek. Get a certified copy of your birth certificate from the state in which you were born. If that doesn't have the information you seek, then... View More

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Q: Define "change in circumstance" in the context of a Washington state protection order
Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 9, 2021

There are many different types of protection orders under Washington law so it is difficult to answer your question. Generally, any order, including a protection order or no contact order, can be modified by the same court that issued the original order if there is good cause. For example, a court... View More

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... View 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... View 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... View More

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