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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
  • Personal Injury
  • Estate Planning
  • Family Law
  • Probate
  • Nursing Home Abuse
  • Medical Malpractice
  • Elder Law
  • Domestic Violence
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
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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
215 Questions Answered

Q. Uncontested divorce, ex is buying out of house: appraisal vs fair-market-value?
A: The fair market value of the residence is what a willing buyer would pay to a willing seller in an arm's length transaction. The appraised value is an appraiser's expert opinion of the fair market value of the residence. The expert's opinion is only an opinion of fair market value. The only way to determine the actual fair market value of the residence is to sell it to a willing buyer. That is not always necessary and it is common to use an estimated fair market value based upon an appraisal. If you suspect the appraiser's opinion of fair market value is low, then you could have another appraisal done by a different appraiser, or have a different appraiser review the first appraiser's report to see if there are any mistakes in it. You should consult with an attorney to determine the best course of action given your specific circumstances.
Q. In Oregon, can I be a personal representative/administrator of an estate, and a creditor?
A: Yes. A claim of the personal representative, as a creditor, is not presented in the same manner as other creditor's claims. The personal representative’s claim must be filed with the court and must be approved by the court before payment. Upon request of the personal representative or of any other interested person, the court will schedule a hearing to determine whether the claim is valid.
Q. Do I have to itemize assets to go into a pour over will in oregon
A: For estate planning purposes, you do not need to specifically identify in a pourover will any assets that will be transferred after death. The pourover will is essentially a back up estate plan. First, all assets except qualified retirement accounts should be placed in trust. Second, if an asset is not placed in trust during the life of the owner, then the pourover will states that upon the owner's death, the asset will be transferred to the now-deceased owner's trust. The pourover will is not effective until the probate court approves it. That can be costly and time consuming, so it is best to make sure all assets are transferred into trust while the owner is alive.
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Contact & Map
Cascade Square, Suite 102
8625 SW Cascade Avenue
Beaverton, OR 97008
Telephone: (503) 443-1177
Fax: (503) 443-1178