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Vincent J. Bernabei

Vincent J. Bernabei LLC

40 years of experience
Divorce, Personal Injury, Estate Planning ...
Oregon, Washington

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Claimed Lawyer ProfileQ&A

Education

University of Nevada-Reno: B.A.; 1977 - 1981

Lewis & Clark Law School: J.D.; 1981 - 1984

Professional Experience

Attorney: Vincent J. Bernabei LLC; 1991 - Current

Attorney: Kennedy King & Zimmer; 1987 - 1991

Attorney: Boettcher, LaLonde; 1984 - 1986

Awards

Outstanding Volunteer: Multnomah Bar Association

Professional Associations

Washington State Bar # 14649: Member; 1984 - Current

Oregon State Bar: Member; 1984 - Current

Jurisdictions Admitted to Practice

Oregon
Since 1984

Washington
Since 1984

Fees

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.

Practice Areas

Divorce: Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Personal Injury: Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

Estate Planning: Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Family Law: Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Probate: Probate Administration, Probate Litigation, Will Contests

Nursing Home Abuse

Medical Malpractice: Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors

Elder Law

Domestic Violence: Domestic Violence Restraining Orders, Victims Rights , Victims Rights

Additional Practice Area

Car Accidents

Languages

English

Legal Answers

Q. Can my transitional alimony be taken away if I move in with someone? Oregon: October 28, 2024; A: 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 support is usually of a short duration. When a judge decides if a spouse should pay transitional support, the judge considers:

The length of the marriage;

Each spouse’s financial needs and resources;

Each spouse’s job training, work experience, and employment skills;

Child-raising responsibilities;

Child support payments, and

Other relevant factors.

If there is a substantial and unanticipated change in either party's financial circumstances and the purposes of the award of spousal support have been achieved, spousal support may be modified.

You should consult with an attorney in your area to determine the reasons for your transitional spousal support award and to determine whether the support may be modified if you begin living with someone. ... Read More

Q. My mom's will had language that indicates that we don't need to do probate. Do we have to anyway?: October 24, 2024; A: 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 be distributed among the rightful beneficiaries without the supervision of the court.

If, however you are relying on the will to distribute assets of value, the will must be "proved" through the probate process. The deceased person’s will can be proved by an affidavit made under oath by the witnesses to the will. If such an affidavit is unavailable, the personal presence of the witnesses may be required in court to testify that at the time the will was signed, the deceased person was of sound mind and knew what he or she was doing.

During the probate process, a personal representative is appointed. Until appointed by the court, the personal representative has no authority to act on behalf of the deceased person or the deceased person's estate. The heirs and people named in the will are notified of the probate proceeding. Assets are identified and an inventory is prepared and filed with the court. Debts are paid. At the conclusion of the probate process, the court directs distribution of estate assets to the beneficiaries named in the will. ... Read More

Q. Mom died intestate w/a 350K estate. How do I stop my sister (other heir) from stealing everything pending end of probate: September 19, 2023; A: 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.

Probate is usually needed to clear title to land or bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries.

Your sister will not be able to sell any home or land without going through probate, unless she is named as a co-owner on the deed. If you and your sister are the only surviving children of your mother and she was not married at the time of her death, you and your sister will equally share all assets subject to probate.

You should consult with an attorney to determine your rights. ... Read More