Chapter 316 Oregon Laws 2001
AN ACT
SB 165
Relating to child support;
creating new provisions; and amending ORS 87.533 and 115.125.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 115.125 is amended to read:
115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
(a) Support of spouse and children, subject to the
limitations imposed by ORS 114.065.
(b) Expenses of administration.
(c) Expenses of a plain and decent funeral and disposition
of the remains of the decedent.
(d) Debts and taxes with preference under federal law.
(e) Reasonable and necessary medical and hospital expenses
of the last illness of the decedent, including compensation of persons
attending the decedent.
(f) Taxes with preference under the laws of this state that
are due and payable while possession of the estate of the decedent is retained
by the personal representative.
(g) Debts owed employees of the decedent for labor
performed within 90 days immediately preceding the date of death of the
decedent.
(h) Child support
arrearages.
[(h)] (i) The claim of the Adult and Family
Services Division for the net amount of public assistance, as defined in ORS
411.010, paid to or for the decedent, and the claim of the Mental Health and
Developmental Disability Services Division for care and maintenance of any
decedent who was at a state institution to the extent provided in ORS 179.610
to 179.770.
[(i)] (j) All other claims against the
estate.
(2) If the applicable assets of the estate are insufficient
to pay in full all expenses or claims of any one class specified in subsection
(1) of this section, each expense or claim of that class shall be paid only in
proportion to the amount thereof.
SECTION 2.
The amendments to ORS 115.125 by section
1 of this 2001 Act apply only to estates for which petitions are filed under
ORS 113.035 on or after the effective date of this 2001 Act.
SECTION 3.
ORS 87.533 is amended to read:
87.533. A lien created by ORS 87.503 shall not be enforced
so as to interfere with:
(1) Any assets or income allowed to the community spouse or
dependent family member under 42 U.S.C. 1396r-5(d) or any rule of the
Department of Human Services.
(2) The priority given to the recovery of medical
assistance payments under ORS 115.125 [(1)(h)]
(1)(i) or other medical assistance
claims under ORS 414.105 (2) and (3).
(3) The eligibility of a person for medical assistance or
entitlement to Medicaid assistance payments.
Approved by the Governor
June 5, 2001
Filed in the office of
Secretary of State June 5, 2001
Effective date January 1,
2002
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