Vincent J. Bernabei
Vincent J. Bernabei LLC
Directory Practice Areas
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse & Neglect
- Medical Malpractice
- Elder Law
Additional Practice Areas
- Car Accidents
- Credit Cards Accepted
- Contingent Fees
- Contingent fees in all injury and accident cases.
- Free Consultation
- Free 15 minute initial telephone consultation
- Rates, Retainers and Additional Information
- Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
|Attorney, Vincent J. Bernabei LLC|
|Attorney, Kennedy King & Zimmer|
|Attorney, Boettcher, LaLonde|
|Lewis and Clark Law School - Lewis and Clark College||J.D.|
|University of Nevada-Reno||B.A.|
|Outstanding Volunteer, Multnomah Bar Association|
|Member, Washington State Bar|
|Member, Oregon State Bar|
- Overall: 61st
- Last 30 Days: 19th
- Last 7 Days: 9th
- Overall: 32 Answers
- This Year: 9 Answers
- Last 30 Days: 2 Answers
- Last 7 Days: 2 Answers
Q. Can I legally move out of my house when I turn 18 even though I'll still be in high school?
A: Yes. You are an adult at 18, and you are free to make your own decisions (and suffer the consequences of those decisions). Check with your school guidance counselor to see about free public transportation and meals. You may also be eligible to receive child support from your parents until age 21.
Q. I have full physical and full sole custody of both of my children. My daughter is 8 and my son is 5
A: If you already have a court order for full legal custody, then you must also follow the court order for visitation, if there is one. If there is no court order for visitation, then you should suggest in writing that the father of your children begin seeing them a couple times a week, for a couple hours per visit. If father agrees in writing, is consistent, and understands this is for their benefit, then you should consider increasing his time with the children in a few weeks to a full day visit per week. If he becomes a consistent, positive influence in their lives, his time with them should increase and when they are older he can have extended time for summer vacations.
Q. My wife has locked me out and refuses to let me get my belongings. What can I do?
A: You have the legal right to enter the home if it was your residence before she locked you out. You could hire a locksmith to unlock the home for you if there is no court order prohibiting you from entering the residence. The police will sometimes stand by while you get your belongings from the residence, but that depends on their availability. If all you want are your personal belongings, try having a trusted friend or family member serve as an intermediary to get your belongings.
Q. What can I do to protect my rights if a woman says she is taking me to court for a paternity test in another state
A: If she is receiving public assistance, the state she resides in will probably contact you and require that you submit to DNA analysis (DNA swab) to determine the likelihood that you are the father of the child. If you do not provide a DNA sample, then you could be in "default" and a judgment for past due and on-going child support could be entered against you. I therefore recommend that you contact an attorney soon to discuss your specific legal rights and remedies.
Q. My mother died with a will notorized by the bank manager is that legal?
A: If two witnesses observed your mother sign her will, and before your mother died the witnesses signed an affidavit which was notarized by a notary public, the will is valid. It doesn't matter whether the notary public is the bank manager.
Q. What forms do mom and I need to obtain for POA which includes Medical,financial and after death authorizations?
A: A power of attorney expires upon the death of the person who gives it. Before death, for medical decisions, you will need an Advance Directive, and for personal and financial decisions, you will need a durable power of attorney. For authorization to act on behalf of a person who has died, you need to be appointed as Successor trustee if the person had a trust, or if the person did not have a trust, you need to be appointed by the court as the Personal Representative of the Estate of the deceased person.
Q. How to get guardianship of my siblings?
A: The least expensive way: Have the father sign a delegation of parental authority. It is good for up to six months, and could be renewed every six months if the father is willing. You could also file a petition for custody or guardianship if the Father is not cooperative. If there is already a custody case involving the children, you could file a motion to intervene in that action, and seek guardianship or custody.
Q. My question is about paternal rights.
A: Your friend cannot establish paternity under OR law unless either the mother or her spouse consents.
Q. In the state of Oregon, how do I amend a tort claim even after I have filed a suit in court?
A: You may amend your claim after the lawsuit is filed by filing an amended complaint. If the defendant objects, you will need to obtain court permission before filing an amended complaint.