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Vincent J. Bernabei
Vincent J. Bernabei LLC
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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
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Free Consultation
Free 15 minute initial telephone consultation - Credit Cards Accepted
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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
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- Attorney
- Boettcher, LaLonde
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Education
- University of Nevada-Reno
- B.A.
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- Lewis & Clark Law School
- J.D.
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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
249 Questions Answered
- Q. The kid ends up not being the father's child but no paterniry dna test was ordered, what can the father do?
- A: The answer to your question is complicated, and more information is needed. Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on fraud, duress or material mistake of fact. You have one year after filing a Voluntary Acknowledgement of Paternity, or after an order has been entered by the state, to request parentage tests if they were not completed. If paternity was established by order or judgment, you have one year to petition to set aside the paternity due to mistake, inadvertence, surprise or excusable neglect. If paternity was established by order or judgment, and you wish to set aside the paternity due to fraud, misrepresentation or conduct of an adverse party, you have one year from your discovery of the fraud, misrepresentation or other misconduct. Successfully setting aside a paternity determination ends future child support obligations and eliminates any accumulated unpaid support. It does not automatically result in a refund of child support payments already made.
- Q. In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie
- A: Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have decision-making authority for a minor child or children. Parenting time is the schedule that determines when the child will be in the care of each parent. The court’s primary consideration in awarding custody and parenting time is “the best interests and welfare of the child.” In making a decision on custody and parenting time, the court will consider all of the following factors: The emotional ties between the child and other family members; The interest of the parents in and attitude toward the child; The desirability of continuing an existing relationship; The abuse of one parent by the other; The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court. (Primary caregiver is the parent who attends to the child’s basic needs on a daily basis, and who is more closely bonded to the child); The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. You should contact an attorney to determine how these factors apply to your case.
- Q. How are proceeds on a house divided in Oregon, titled as husband and wife upon a death? Death 10 years ago.
- A: The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the wife became the sole owner. If the deceased wife had a will, the will is “proved” and delivered to the probate court. A personal representative is selected. A personal representative is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the court. If a person dies without a will, the court will select the personal representative, usually an adult child or another close relative. After court approval and notices to all interested parties and payment of all unpaid probate expenses, the deceased person’s assets are distributed to the people named in the will or, if the person died without a will, to the heirs of the deceased person. You should contact an attorney in Oregon to begin the probate process to transfer ownership of the home. Without a probate court order, the deed (title) to the home legally cannot be transferred to anyone.
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