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Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.

Both my boys have autism, and my youngest is mostly non verbal. Something happened over at his Dad's that caused my son to have PTSD. If I say "Dad" in ANY context (in any convo to others) he turns white and panicks. Sadly he can't tell me why. I was granted sole custody of them both in the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 7, 2019

The answer depends on the terms of your judgment of dissolution of marriage. If it states you are required to give notice of your move, then you are required to give notice.

The decision whether to modify parenting time to permit the relocation of children hinges “solely on the best...
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1 Answer | Asked in Probate for Oregon on
Q: I have a hand written will that all assets go to me, his wife but there is not a legal marriage license.

How do I complete probate? Our home and car are only in his name and it is under 100,00.00 in assets. Do his children have to do the probate or can, I. They all agree that the property is to be mine. We were married in Idaho under the common law.

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 3, 2019

The handwritten will should be submitted to the probate court to begin the probate process, along with a petition. If the fair market value of the real property (home) is less than $200,000 and the fair market value of the car and other personal property is less than $75,000, you may be able to... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it
Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 3, 2019

A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: My grandpas ex wife is A beneficiary on an annuity He divorced her Bc she committed fraud on his accounts what can we do

My grandfather was married to a women for a few years. He told us she was stealing from him and using his retirement money. He divorced her in 2006 but as executor I see she is a beneficiary on an annuity. I am ready to inform her, however, I feel that the reason of the divorce and state of their... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 17, 2018

Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of beneficiary... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My friends mom was named in a will to distribute monies to her 3 adult kids. No money has been received by them.

She keeps having excuses last one being check hasnt cleared. It has she has been spending money and she has no income from anything but the inheritance. She is a heroin addict and the kids think its gonna be spent by her. What can they do to have her replaced

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 17, 2018

You may consider filing a court petition to have the personal representative removed. The petition should be filed in the probate case. The court will grant the petition if the personal representative has commingled estate money, such as using estate funds to pay for her own personal expenses.... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: My fiance' and I purchased our house one month before marriage. Now, 10 years later, he says he put more money in.

Can he get back the money he put in, even if we were married for ten years? We are in Oregon.

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 17, 2018

The court's ultimate responsibility in dividing marital assets in a divorce proceeding is to make sure that the division is just and proper under all the circumstances. You have not provided enough details for an attorney to provide an informed response to your question. Without knowing all the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on
Q: Does a widow in Oregon have survivorship rights even though only husbands name is on deed to house?

They were married 9 years, lived together 2 years before that. She has lived in home with him from date of purchase. His estate is very small. Husband left no will. She has to go through probate if no survivorship/common law/Tenant by entirety.

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 3, 2018

If only the deceased spouse's name is on the deed to the home, the surviving spouse must initiate a court probate proceeding to have ownership of the home transferred. The surviving spouse has certain claims to a deceased spouse's estate, but the deceased spouse's estate will have to go through... Read more »

1 Answer | Asked in Personal Injury and Collections for Washington on
Q: Just trying to find out on a judgement/settlement i received,if and how to collect on it.Superior court judgement

Was referred to by original attorney to hire collection attorney. I was molested by my teacher. Judge ordered 500,000 judgment with the teacher himself being the debtor or one ordered to pay. Dont know anything on how or if this can be recovered

Vincent J. Bernabei
Vincent J. Bernabei answered on Aug 20, 2018

You will need to begin enforcement action, including wage and bank garnishments, seizure and sale of real and personal property, if any, owned by the debtor. If the debtor transferred property to others in an attempt to avoid the judgment debt s/he owes you, the recipient of the property may also... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I was hit by a car while riding my bike. The driver was at fault. My question is, will the fact that I was on meth

Will me being on illegal drugs at the time of the accident ruin my personal injury case?

Vincent J. Bernabei
Vincent J. Bernabei answered on Aug 20, 2018

Your meth use probably does not ruin your personal injury claim. Your meth use reduces the value of your claim but without more information, it is difficult to say how significant that reduction will be. You should consult with an attorney right away.

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1 Answer | Asked in Divorce for Oregon on
Q: Would it be better for me to just keep our house and not asked for half of his 401(k)?

My husband and I have been married for almost 34 years and he has decided that he is not happy so he moved out. He told one of our daughters that he would give me the house because he felt that I would not get enough from his 401(k) and that I would have to pay taxes on that. I was a stay at home... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Aug 17, 2018

Assuming the net values of the home and the 401(k) account are approximately equal, your spouse's proposal makes sense. There is much more to it than that though, and I encourage you to consult with an attorney in your area who handles divorce cases. Generally, in a long term marriage, the assets... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I was recently in a Car accident where a driver was using the special left turn lane as I was exiting a parking lot

One this day it was very sunny and dry, I was stopped at a parking lot exit waiting for southbound lane traffic to allow me to turn on to a special left lane turn so I could merge on to the northbound lanes on the other side, the traffic on the southbound lanes stopped and wave me on to get on the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Aug 15, 2018

The ticket was for a traffic infraction and cannot be used to prove fault. Even so, the other driver's insurance company is bluffing. You should arrange for your insurance company to pay all of your medical expenses and lost wages, if any. You should contact an attorney who can assist you in... Read more »

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1 Answer | Asked in Family Law and Child Custody for Washington on
Q: What forms do I need to fill out and what process do I need to go through to gain guardianship of my 10 year old son?

I have had my son here with me since June 16th. He was only supposed to be with me until July 5th but his mom asked me to keep him longer as their home situation has changed and she had no where for them to live. She is currently homeless and staying with family. At this time it is getting closer... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Aug 7, 2018

If this is your son, you need a custody order. If there is already a custody order in a custody or divorce decree, then you should file a petition to modify the custody order. Usually, that has to be done in the same court that entered the custody order. If there is no prior custody order, then... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Is it legal in Oregon to force one father to pay for his and another fathers child?

I currently am going thru custody an essentially did not like the outcome the court gave me. But essentially what I'm getting at is that im wondering if it's legal for a father in oregon to sign his parental rights away, so that way he does not have to pay child support. But I myself did not sign... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 16, 2018

You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually increase your... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: if a man is charged w/domestic violence....strangulation..felony...files for custody of the child,parental grandmother

also files the same motion...makes unfounded accusations against mother....the court temp.awards custody to p-grandmother....until a hearing is sched.2-3wks out.NO evidence to support allegations, the father has a no contact order in place !!!

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 13, 2018

So what's your question?

Generally, if a grandparent or other person can show that they have established emotional ties with the child that create a parent-like relationship, that person can seek custody of the child.

The no contact order against Father will remain in place...
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2 Answers | Asked in Divorce for Oregon on
Q: If I was granted a house in former divorce, can current husband get it in a divorce?

My current husband is not on the deed. He has lived in this house 20+ years. My daughter is the beneficiary. If I divorce this husband, can he take it from me or make me pay him? Does he have any claim? I live in Linn county. Albany Oregon

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 9, 2018

Because you owned the home before the marriage, it is your premarital property. The court usually awards premarital property to the spouse who brought it into the marriage. In your case, the premarital property is the equity in the home at the time of marriage. To the extent the equity in the home... Read more »

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3 Answers | Asked in Family Law and Real Estate Law for Oregon on
Q: How can I stop my spouse from selling our home?

I home is in his name only but got the home together. I am out of state taking care of father

Vincent J. Bernabei
Vincent J. Bernabei answered on Jun 26, 2018

The only way to legally prevent him from selling the home is to file a notice of lis pendens. To do that, you will have to first file a petition for dissolution of marriage or legal separation.

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1 Answer | Asked in Car Accidents for Oregon on
Q: I am trying to find out if it's required in Oregon to have uninsured motorist coverage?

I was in a car accident a few months ago...a lady ran a red light & hit my car. She was uninsured & has a suspended license. My car is damaged & my insurance company at the time (MetLife) said they won't pay to fix it because I didn't have uninsured motorist coverage but I've been told by many... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 4, 2018

Uninsured motorist coverage is mandatory in Oregon. The coverage amount is the same as the bodily injury coverage in your policy unless you have specifically waived that in writing. If you agreed in writing to a reduced amount of coverage, you still must have UM coverage of at least $25,000. I... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: I bought a house in my name only after I remarried. Does my spouse have any claim to the house if we divorce? Oregon
Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 18, 2018

If the home was acquired during the marriage, there is a presumption that each spouse contributed equally to the home and the court will divide the home equity equally on divorce. If you can rebut the presumption and prove that your spouse did not contribute to the acquisition of the home, then... Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: How can I file a complaint over $10,000 in oregon court? is this a personal injury suit?

I was hit in the face by a crazed women and her cell phone, while walking the street in Eugene Oregon. I was not at a business. I have horreible scars on my face that makes it hard to be in public. I suffer from massive migraines.

Vincent J. Bernabei
Vincent J. Bernabei answered on Mar 28, 2018

Yours is a personal injury claim. Before filing a lawsuit, you should first consider whether you are likely to receive anything from the miscreant who injured you. If she has no money and no property, she is "judgment proof," and pursuing the case may not be worth your time and effort. You... Read more »

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1 Answer | Asked in Adoption, Family Law and Child Custody for Washington on
Q: How does my new husband adopt my daughter? What do we need to do?

Her biological dad has not been in the picture since she was 3 or 4. She is now 9 years old. I live in Vancouver WA. We are recently married and had decided to wait tell we we're married to have him adopt her we thought it would be easier. We want to have her adopted and she would like to take his... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Mar 28, 2018

You and your spouse should contact an attorney to initiate an adoption proceeding in Clark County Superior Court. Before doing so, I recommend that you have the birth father sign a consent to the adoption. You can complete the adoption and name change in the same proceeding.

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