Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Estate Planning for Oregon on
Q: (1) How often does a Revocable Trust need to be updated? (2) How is this done? (3) How much in assets does one need
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 5, 2012

The trust should be reviewed every 3-5 years to make sure it is current. The trust may need to be amended whenever there is a major life event in the life of the trustor or of any beneficiaries, such as birth of a child, death, divorce, marriage of a trust beneficiary, or acquisition of a new... View More

1 Answer | Asked in Civil Litigation for Oregon on
Q: I need a form for Oregon Circuit court to set aside a default judgment and order. Where can I find one?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 5, 2012

There are no forms for this. You have to file a motion and support declaration (or affidvait) specifying why the judgment should be set aside. You also have to file an answer or other responsive pleading to the complaint. The court will consider whether you acted quickly to set aside the... View More

1 Answer | Asked in Family Law for Oregon on
Q: Does my soon to be ex husband have any rights to my parent's trust once both are gone His name is not on it Mom is gone
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 5, 2012

In Oregon, there is a legal presumption that your soon to be former spouse is not entitled to share in your future inheritance. Your future interest in the trust is ordinarily not considered a marital asset subject to equal division. The court does retain authority to divide all property, even... View More

2 Answers | Asked in Family Law for Oregon on
Q: What should I bring to court to fight a post judgement status quo

My ex wife filed it because I took my child out of the daycare we used because I no longer needed it. We home school him now because it was technically a private school

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

In Oregon, the only issue at a hearing for a status quo order is the child's usual residence and contacts with each parent for the 90 days immediately preceding the filing of the motion. You therefore need proof of the child's schedule and contacts with each parent during that time.

View More Answers

1 Answer | Asked in Divorce for Oregon on
Q: Is a quitclaim deed between husband and wife valid if done before a divorce?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 10, 2012

A quitclaim deed is valid and transfers whatever interest the grantor has in the property to the grantee. In a divorce, the court will want to know why one spouse relinquished an interest in real property. If the reason is valid, then the recipient should receive the real property.

1 Answer | Asked in Elder Law for Oregon on
Q: What are the ramifications of a family member spending an elders money on things other than costs associated with care?

The elder lived part time in Oregon with a family member... We later found this person had drained money from his accounts for personal use.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

This elder abuse and financial fraud. All funds should be returned to the victim or the victim's estate.

1 Answer | Asked in Estate Planning for Oregon on
Q: Life insurance proceeds payable to beneficiary in Zimbabwe. Payment options?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

The language of the insurance policy and beneficiary designation is controlling. Generally, the money is due once the death of the insured is verified. If not timely paid, interest accrues. Payment on a US insurance policy must be in US dollars.

If the beneficiary is a minor, a trust must...
View More

1 Answer | Asked in Family Law for Oregon on
Q: What are a wife's rights husband wants her & young children to move out of home? What are her rights if she leaves & ano
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

Each party has equal rights to live in the home, absent abuse or threats of abuse. You should not leave the family home with or without the children unless you have a written agreement regarding visitation. Also, the agreement must address support for the children at a minimum.

If you...
View More

1 Answer | Asked in Family Law for Oregon on
Q: If the other party in a custody battle does not complete their mandatory parenting classes will that hold up mediation
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

Each party must complete the parenting class before attending mediation. Each county handles this differently. Generally, the court could hold the other party in contempt or strike their pleadings so they can't argue about custody or visitation unless they've completed the class.

1 Answer | Asked in Family Law for Oregon on
Q: My children were wrongfully taken out of my care, what can I do?

CPS picked my children up from the babysitters due to I was intoxicated and had police contact and they were at a babysitters. NO criminal charges then or prior (EVER, the extent of my criminal backround is a couple speeding tickets years ago). My children were simply with a babysitter as I left... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

You should comply with the protective action plan or the service recommendations of CPS. On your own, you should have a private alcohol evaluation and follow any recommendations of the evaluator. You should also take a parent education class to improve your parenting skills since every parent has... View More

1 Answer | Asked in Divorce for Oregon on
Q: Do you have to transfer a home loan debt if awarded home and debt in divorce court judgment?

My husband's ex wife was awarded the home and debt in the divorce in 2005. She has never done what ever is necessary, on her part, to have only her name on the home loan. Example refinance. We cannot rent or buy anthing while his name is on the home loan. What do we do?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

If the divorce judgment specifically provides that your husband's former spouse must remove his name from the underlying debt on the home, then he could file a motion with the court to force the sale of the home or force her to refinance the mortgage into her name alone.

He could also...
View More

2 Answers | Asked in Personal Injury for Washington on
Q: I was hit by a woman driving a car and I got my leg broken. Does she have to pay for my surgery?

I was going across the stopwalk towards the otherside of the street and a woman ran a red light and hits me and a friend, but her insurance will only pay $10,000 for my surgery which was a little over $50,000. Am I liable to sure her for the rest of the money?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

The driver's insurance company will pay up to policy limits. The minimum policy limits are $25,000 per person and $50,000 per accident. Often, drivers have more than the minimum insurance. If you get a good attorney, your attorney will make sure all your medical bills are paid in full and... View More

View More Answers

4 Answers | Asked in Personal Injury for Oregon on
Q: What is status limition on wrongful death
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2011

An action for wrongful death ordinarily must be commenced within 3 years of the date of the injury which caused the death is discovered or reasonably should have been discovered, but no later than 3 years after the death of the injured person.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.