Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse
- Medical Malpractice
- Elder Law
- Domestic Violence
Additional Practice Area
- Car Accidents
- Free Consultation
Free 15 minute initial telephone consultation
- Credit Cards Accepted
- Contingent Fees
Contingent fees in all injury and accident cases.
- Rates, Retainers and Additional Information
Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
- Vincent J. Bernabei LLC
- - Current
- Kennedy King & Zimmer
- Boettcher, LaLonde
- University of Nevada-Reno
- Lewis & Clark Law School
- Outstanding Volunteer
- Multnomah Bar Association
- Washington State Bar # 14649
- - Current
- Oregon State Bar
- - Current
Websites & Blogs
205 Questions Answered
- Q. My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not
- A: I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.
- Q. We bought a house 3 months ago loan is in his name house in both Jan will be 3 yrs married . How is this handled
- A: Any asset acquired during the marriage is considered a marital asset. As a general rule, the net value of a marital asset is divided equally when spouses divorce. Net value means fair market value of the asset minus any debt owed on the asset. There are exceptions to the general rule, so you will need to discuss the specifics of your case to determine your rights.
- Q. Elderly manipulation
- A: This is a common scam and is considered elder financial abuse, most likely. You may call local law enforcement or adult protective services to report your concerns. You can also alert your father's friend's bank to be on the lookout for suspicious, large transactions. If your father's friend is not able to handle his financial affairs, the court may appoint a conservator to protect him from further financial abuse.
- Q. Today, sixteen years later, I found out I was molested and have written proof from the molester can I press charges
- A: Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon as possible to review your options.
- Q. Is there a lawyer whom does or would be willing to help me for almost nothing?? I desperately need help
- A: If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate. You could also contact your local legal aid services.
- Q. Probate statute of limitations in Oregon where non relative recieved my father's house, claiming to be his daughter?
- A: You should immediately contact an attorney to determine your rights. If your father did not have a will when he died, then you and your sister are entitled by law to a share of his estate unless he was married to your mother when he died. If your father had a will that was probated by a court, it will be on file with the court and available for public inspection. As a surviving child of your father, you are an heir of his estate and you should have received notice of the probate proceeding, and given an opportunity object and assert a claim. If notice was not properly given to you, then you may still be able to assert a claim. If you knew or should have known about the actions of the executor (also known as a personal representative of the estate) at the time, then a fraud claim may be barred because you didn't bring it soon enough, but there are other claims that might still be asserted. An attorney will be able to assess your claims after obtaining more information from you.
- Q. In OR unmarried couples that live as married have rights dividing assests and real property like married people
- A: 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. If there is no written agreement, the court should examine the facts to determine the parties’ implicit intent. The inquiry first focuses on the intent of the parties at or about the time that the property was acquired, which is the relevant time frame to determine the parties' intention regarding the division of their property. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”
- Q. Where to file small estate claim?
- A: I'm sorry to hear of your father's death. If he was a resident of Oregon when he died, you may open an estate in Oregon but then you may also need to open an ancillary estate if he owned real property in Idaho when he died. If he was an Oregon resident but owned real property located in Idaho when he died, then you could open an estate in Idaho and not one in Oregon. If there is a wrongful death claim, the estate should be opened in Oregon if that is where he resided when he died. You should contact an attorney, who will need more details, before deciding on your best option. The attorney will need to know the nature, location and estimated value of all known assets owned by your father at the time of his death. If there is or may be a wrongful death claim, the attorney will want to know the circumstances surrounding your father's death.
- Q. My husband took all our money out of our joint bank account and put in a bank account with just his name on it?
- A: The property subject to division in a dissolution consists of two categories. The first, “marital property,” consists of any property that either or both of the parties own, regardless of when the property was first acquired. The second category of property is “marital assets.” Marital assets refer to property acquired during the marriage. There is a presumption that marital assets will be divided equally, even if held in the name of one spouse alone. Since the mortgage is in your husband's name and he makes more money than you do, it is in his best interests to make sure the mortgage is paid on time. Depositing your pay check into a different account shortly before divorce proceedings are initiated will not have much, if any, of an impact on your claim to an equal share of marital assets. You should contact an attorney to determine the best course of action given the particular circumstances you are facing. You have many options, and an attorney can give you specific advise best for your circumstances.
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