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Vincent J. Bernabei

Vincent J. Bernabei

Vincent J. Bernabei LLC
  • Divorce, Personal Injury, Estate Planning ...
  • Oregon, Washington
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Claimed Lawyer ProfileQ&A
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
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.
Jurisdictions Admitted to Practice
Oregon
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Washington
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Languages
  • English
Professional Experience
Attorney
Vincent J. Bernabei LLC
- Current
Attorney
Kennedy King & Zimmer
-
Attorney
Boettcher, LaLonde
-
Education
University of Nevada-Reno
B.A.
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Lewis & Clark Law School
J.D.
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Lewis & Clark Law School Logo
Awards
Outstanding Volunteer
Multnomah Bar Association
Professional Associations
Washington State Bar  # 14649
Member
- Current
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Oregon State Bar
Member
- Current
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Websites & Blogs
Website
Website
Legal Answers
253 Questions Answered
Q. Can my transitional alimony be taken away if I move in with someone? Oregon
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.
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Q. My mom's will had language that indicates that we don't need to do probate. Do we have to anyway?
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.
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Q. Mom died intestate w/a 350K estate. How do I stop my sister (other heir) from stealing everything pending end of probate
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
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Contact & Map
VINCENT J. BERNABEI LLC
8625 SW Cascade Avenue
Suite 102
Beaverton, OR 97008
US
Telephone: (503) 443-1177
Fax: (503) 444-9009
Monday: 9 AM - 5 AM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed (Today)