Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse & Neglect
- Medical Malpractice
- Elder Law
- Domestic Violence
Additional Practice Area
- Car Accidents
- 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
- Vincent J. Bernabei LLC
- - Current
- Kennedy King & Zimmer
- Boettcher, LaLonde
- University of Nevada-Reno
- Lewis & Clark Law School
- Outstanding Volunteer
- Multnomah Bar Association
- Washington State Bar # 14649
- - Current
- Oregon State Bar
- - Current
Websites & Blogs
165 Questions Answered
- Q. I bought a house in my name only after I remarried. Does my spouse have any claim to the house if we divorce? Oregon
- A: If the home was acquired during the marriage, there is a presumption that each spouse contributed equally to the home and the court will divide the home equity equally on divorce. If you can rebut the presumption and prove that your spouse did not contribute to the acquisition of the home, then the court may award you most or all of the equity. This depends on many different factors, such as whether one spouse made homemaker or sweat equity contributions. You should consult with an attorney to explain your specific circumstances.
- Q. My father passed away we owed the home jointly my step mom is now trying to sell the home without my consent
- A: The answer depends on how the deed is written and whether your father had a will. You and your father probably own the property as tenants in common. If his estate is being probated, the personal representative of his estate could ask the court to order the home sold, and the estate's share of sale proceeds could be used for her support. The home can't be sold without your consent or a court order. You should contact an attorney to determine your rights and options.
- Q. How can I file a complaint over $10,000 in oregon court? is this a personal injury suit?
- A: Yours is a personal injury claim. Before filing a lawsuit, you should first consider whether you are likely to receive anything from the miscreant who injured you. If she has no money and no property, she is "judgment proof," and pursuing the case may not be worth your time and effort. You typically have two years from the date of the incident to file a lawsuit, so I recommend you contact an attorney to discuss your options.
- Q. If I'm insured driving an uninsured vehicle, am I covered?
- A: You should be covered depending on when you actually purchased the new car and the terms of your insurance policy. Most insurers will give you a 10 day window in which to obtain coverage on a recently purchased car. Your policy will contain the information you need.
- Q. Filed for custody mod (seeking sole), after a year of joint. I'm custodial. In Oregon, how likely am I to get sole?
- A: “Joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training. The court cannnot order joint custody, unless both parents agree to the terms and conditions of the order. Modification of a joint custody order requires a showing of changed circumstances and a showing that the modification is in the best interests of the child such as would support modification of a sole custody order. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order.
- Q. I was hit by an uninsured and unlicensed driver in Oregon. Now I have a car that is totaled.Where to start?
- A: You should start with your own insurance policy to see if you have coverage for the damage to your vehicle. If you were injured, your insurance will immediately pay Personal Injury Protection benefits, usually medical expenses of up to $15,000 and lost wages of up to $3,000 per month. Additionally, you will have uninsured motorists coverage that will eventually provide additional compensation to you for your injuries.
- Q. we have joint custody, i want to take my son a vacation that will include 3 of his dads days, am I allowed?
- A: You are obligated to follow the terms of the court's judgment unless both parents agree otherwise. If the child's father won't agree to alter the schedule, then your only options are to ask the court to modify the judgment or you live with the terms of the judgment as it is written. You should carefully review your judgment, since there may be provisions in there that will assist you in trying to work out a mutually acceptable schedule. It is important that your child observes that both of his parents are willing to work together to solve issues like this. You may want to consider mediation to see if a compromise can be reached. If all else fails, then and only then should you ask the court to resolve the dispute.
- Q. My brother passed without a will, but wanted me to be the executor of his estate.
- A: You can petition the court to be appointed as the personal representative (executor) of your brother's estate. If he was not married when he died and his adult child does not affirmatively consent to your appointment, you have to give her written notice of your petition, and she will have an opportunity to object. If she doesn't object, then the court will appoint you as personal representative of the estate. Your brother's next of kin is adult child, and she will be entitled to serve as personal representative of the estate if she wants and assuming she is otherwise qualified to serve (and able to get a bond if necessary). If your brother was not married and had only one child when he died, his child will receive everything in the estate, after expenses of administration and claims of creditors are paid.
- Q. I just got divorced & the judge put my income as twice what it actually is to calculate child support. Is this legal?
- A: The judge has ruled and you are bound by the decision. You can appeal the judgment if the court's decision is not supported by substantial evidence and fewer than 30 days have elapsed since the judgment was entered. You may also file a motion to modify the order if your or the other parent's economic circumstances have substantially changed since the support order was entered.
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