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Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Divorce for Oregon on
Q: I have been married for 32 years to a man who is in a union, am I entitled to pension benefits ? we are divorcing
Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 16, 2015

Yes. In Oregon, there is a presumption that each spouse is entitled to receive 50% of all pension benefits that were earned during the marriage.

1 Answer | Asked in Estate Planning for Oregon on
Q: My dad passed away a few weeks ago with no will he was married to her for 47 days do I have any rights to his estate

I am his only child.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 30, 2014

Yes. If your father had no will, your stepmother will receive 50% of his estate and you and his other children will equally share the other 50%.

1 Answer | Asked in Family Law for Oregon on
Q: Can I legally move out of my house when I turn 18 even though I'll still be in high school?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 23, 2014

Yes. You are an adult at 18, and you are free to make your own decisions (and suffer the consequences of those decisions). Check with your school guidance counselor to see about free public transportation and meals. You may also be eligible to receive child support from your parents until age 21.

1 Answer | Asked in Family Law for Oregon on
Q: I have full physical and full sole custody of both of my children. My daughter is 8 and my son is 5

My childs father left when my son was 2 and had very little contact with my kids until he was served with child support orders. He joined the army before my son turned 3. He hasnt seen my children for 2years. He called me today tthreatening me that he was going to change the custody order and wants... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 23, 2014

If you already have a court order for full legal custody, then you must also follow the court order for visitation, if there is one. If there is no court order for visitation, then you should suggest in writing that the father of your children begin seeing them a couple times a week, for a couple... View More

1 Answer | Asked in Family Law for Oregon on
Q: My wife has locked me out and refuses to let me get my belongings. What can I do?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 7, 2014

You have the legal right to enter the home if it was your residence before she locked you out. You could hire a locksmith to unlock the home for you if there is no court order prohibiting you from entering the residence. The police will sometimes stand by while you get your belongings from the... View More

1 Answer | Asked in Family Law for Oregon on
Q: What can I do to protect my rights if a woman says she is taking me to court for a paternity test in another state

I have been contacted on public media with a confrontation about a woman in along distance state to tell me that she wants to take a test for the daughter she has had for like 5 years

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 7, 2014

If she is receiving public assistance, the state she resides in will probably contact you and require that you submit to DNA analysis (DNA swab) to determine the likelihood that you are the father of the child. If you do not provide a DNA sample, then you could be in "default" and a... View More

1 Answer | Asked in Estate Planning for Oregon on
Q: My mother died with a will notorized by the bank manager is that legal?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 8, 2013

If two witnesses observed your mother sign her will, and before your mother died the witnesses signed an affidavit which was notarized by a notary public, the will is valid. It doesn't matter whether the notary public is the bank manager.

1 Answer | Asked in Estate Planning for Oregon on
Q: What forms do mom and I need to obtain for POA which includes Medical,financial and after death authorizations?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 8, 2013

A power of attorney expires upon the death of the person who gives it. Before death, for medical decisions, you will need an Advance Directive, and for personal and financial decisions, you will need a durable power of attorney.

For authorization to act on behalf of a person who has died,...
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1 Answer | Asked in Family Law for Oregon on
Q: How to get guardianship of my siblings?

My dad abandoned my half brother 13 and half sister 17 for drugs and is now in jail. I went and got them to live with me because this is a constant thing he puts them through. How do I go about getting guardianship of them?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 8, 2013

The least expensive way:

Have the father sign a delegation of parental authority. It is good for up to six months, and could be renewed every six months if the father is willing.

You could also file a petition for custody or guardianship if the Father is not cooperative. If there is...
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1 Answer | Asked in Family Law for Oregon on
Q: My question is about paternal rights.

I have a friend "A" who got a woman pregnant. She married another man "B" before the baby was born. When she had the baby she put "B" on the birth certificate. Now "A" has no right to see his child. Is there a way for him to get his paternal rights that were denied to him?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 8, 2013

Your friend cannot establish paternity under OR law unless either the mother or her spouse consents.

1 Answer | Asked in Personal Injury for Oregon on
Q: In the state of Oregon, how do I amend a tort claim even after I have filed a suit in court?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 8, 2013

You may amend your claim after the lawsuit is filed by filing an amended complaint. If the defendant objects, you will need to obtain court permission before filing an amended complaint.

1 Answer | Asked in Personal Injury for Oregon on
Q: My dog was killed by 2 off leash dogs while she being walked on a leash in Oregon? can we recover emotional damages?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 3, 2013

This is an evolving area of the law but I believe the answer is yes, especially if you were present and in harm's way when the attack occurred.

1 Answer | Asked in Divorce for Oregon on
Q: Can i divorce my husband who lives in north dakota with me living in oregon for over 6 months
Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 3, 2013

You can obtain a divorce in Oregon. However, if your husband has no connection to Oregon, the court may may not be able to order your husband to pay support or debts, or divide property that is not located in Oregon.

1 Answer | Asked in Divorce for Oregon on
Q: Can you marry your ex
Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 3, 2013

Yes, but please remember why you divorced in the first place. :)

1 Answer | Asked in Divorce for Oregon on
Q: Judgement just got over turn due to Ex not disclosing all of his income. I'm I still married to him?

My Ex got married to new wife a couple of days later after sending me his response to my motion to have the judgement overturned. So am I legal married and if so is his marriage legal.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 3, 2013

You are not still married to him. The marriage terminated when the judge signed the divorce judgment.

1 Answer | Asked in Divorce for Oregon on
Q: What do i do if my ex wont refinance to take my name off the mortgage?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 3, 2013

The answer depends on the express terms of your divorce judgment. If the judgment does not require her to remove your name from the mortgage, then you cannot force her to do that. You should have an experienced family law attorney review your judgment.

1 Answer | Asked in Family Law for Oregon on
Q: My son is 13 and wants to live with me does he have any rights?

My ex and I agreed in mediation because at the time I could not afford atty. It has been 3 YEARS I get him every spring and summer and I believe his father is possibly abusing drugs and is hard on my child he also says rude things about me to him and I want him here with me my financial situation... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 3, 2013

Yes your son has rights. If you were to file a motion to modify custody and/or parenting time, your son could request that the court appoint an attorney to represent his interests. A child's preference on where he wants to live is an important consideration that the court will take into account.

2 Answers | Asked in Divorce for Oregon on
Q: Under Pet seeking remedial sanctions: a. Can I ask in addition for a lump sum??X is making 4x NOW,since new settlement

I do not wish to go back into court, I would like to ask for a $$ amount to by-pass this process. He is now making over 4x the amount when he asked for a deduction is alimony. I didn't argue the judgement, he had withheld the fact he rec a large severance pkg and settlement (which is part of... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 3, 2013

You have two probable courses of action. First, you should move to re-open the case so the court can address the hidden assets. Second, you must file a motion to modify support if his economic circumstances have improved. Either way, you will need to file a motion with the court.

You...
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1 Answer | Asked in Family Law for Oregon on
Q: Visitation question in Oregon

After four years of picking up our children for his scheduled visitation, my ex is now demanding that I drop them off to him. The judgement states as follows "Husband shall have minor children every other weekend from Friday at 5:00 P.M. and ending with husband returning the child to wife at... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 16, 2012

The practice you have implemented for four years should be followed. If you like, you can ask your former spouse to participate in mediation to resolve this dispute. You are not violating the court order.

1 Answer | Asked in Estate Planning for Oregon on
Q: My son said that he and his wife have a 'Power of Attorney' that I signed

What does that mean?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 5, 2012

If you signed it, you have given your son the legal authority to make legal decisions on your behalf, such as enter into contracts on your behalf, or buy or sell belongings, such as a home or car. If you want to revoke the power of attorney, you may do so in writing.

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