Chapter 114
114.015
NOTES OF DECISIONS
Where
decedent’s wife, in pre-nuptial agreement, agreed that separate property of
parties would remain free of any claim of the other during joint life of
parties or thereafter, she waived statutory claim to support. Simmons v.
Simmons, 82 Or App 540, 728 P2d 921 (1986)
114.105
NOTE:
Repealed as of January 1, 2011
NOTES OF DECISIONS
Where
the will provision for payment of inheritance taxes
without apportionment operated to benefit the surviving spouse, taxes were
properly apportioned to spouse’s elective share since spouse cannot elect
against the will and at the same time benefit from provisions of the will. Plue v. Hill, 63 Or App 677, 666 P2d 835 (1983)
Election
against will must be served and filed during lifetime of surviving spouse. Kirkeby v. Covenant House, 157 Or App 309, 970 P2d 241
(1998), Sup Ct review denied
Election
against will is personal claim of need that expires upon death of surviving
spouse. Wilson v. Wilson, 224 Or App 360, 197 P3d 1141 (2008), Sup Ct review
denied
LAW REVIEW CITATIONS: 53 OLR 205, 206
(1974); 44 WLR 337 (2008)
114.115
NOTE:
Repealed as of January 1, 2011
LAW REVIEW CITATIONS: 44 WLR 337 (2008)
114.135
NOTE:
Repealed as of January 1, 2011
LAW REVIEW CITATIONS: 44 WLR 337 (2008)
114.255 to 114.435
NOTES OF DECISIONS
Where
ORS 30.070 grants personal representative “full power” to settle wrongful death
claim with approval of probate court and does not require notice to
beneficiaries or grant them right to intervene in proceeding to approve
settlement but only to be heard as matter of right regarding allocation of
proceeds, if personal representative breached fiduciary duty, beneficiaries
have remedy under ORS 114.395 and 114.405. Hughes v. White, 41 Or App 439, 599
P2d 1147 (1979), aff’d 289 Or 13, 609 P2d 365
(1980)
114.255
NOTES OF DECISIONS
Where
action potentially beneficial to an estate was commenced by a person who had
good reason to believe that he could maintain the action as a personal
representative, but whose appointment was in fact invalid, proper appointment
of proper party as a personal representative after running of statute of
limitations on underlying claim would relate back to original filing of action
where no prejudice was shown; overruling to extent of inconsistency,
Richard v. Slate, 239 Or 164, 396 P2d 900 (1964). Rennie
v. Pozzi, 294 Or 334, 656 P2d 934 (1982)
114.265
NOTES OF DECISIONS
Copersonal representative violated his fiduciary duty by
making remarks that resulted in investigation that depleted estate assets and
delayed distribution so respondents are entitled to costs and attorney fees
under ORS 114.395. Moser v. Van Winkle, 103 Or App 398, 797 P2d 1063 (1990)
114.275
NOTES OF DECISIONS
When
the personal repesentative’s contract for the sale of
real property belonging to the estate specified court approval as a condition
of sale, the probate court had authority to approve or disapprove the sale. Helgesson v. Estate of Frank, 17 Or App 133, 521 P2d 16
(1974), Sup Ct review denied
114.395
NOTES OF DECISIONS
Copersonal representative violated his fiduciary duty by
making remarks that resulted in investigation that depleted estate assets and
delayed distribution so respondents are entitled to costs and attorney fees.
Moser v. Van Winkle, 103 Or App 398, 797 P2d 1063 (1990)
Court
had authority to order personal representative to pay costs and attorney fees
under this section. Moser v. Van Winkle, 103 Or App 398, 797 P2d 1063 (1990)
114.405
NOTES OF DECISIONS
In
absence of bad faith or fraud to deprive attorney of reasonable fees, this
section did not imply duty on the part of personal representative to appeal
award of attorney fees which attorney for estate deemed inadequate. Smith v.
U.S. National Bank, 47 Or App 967, 615 P2d 1119 (1980), Sup Ct review denied
114.435
NOTES OF DECISIONS
A
suit by the personal representative of an estate to set aside transfers of
property needed for payment of the claims of creditors is limited to such suits
as are “necessary” for the payment of such claims. Hendrickson v. Warburton,
276 Or 989, 557 P2d 224 (1976); Ledford v. Yonkers, 278 Or 37, 562 P2d 970
(1977)
Because
an unperfected security interest under [former] ORS chapter 79 is not void or
voidable, the personal representative lacked authority to void it under this
section. Great W. Nat. Bank v. Hill, 27 Or App 893, 557 P2d 1367 (1976), Sup Ct
review denied
114.505 to 114.555
ATTY. GEN. OPINIONS: Minimum probate
filing fees for “small estates,” (1974) Vol 37, p 212
LAW REVIEW CITATIONS: 16 WLR 307 (1979);
26 WLR 286 (1990)
114.525
LAW REVIEW CITATIONS: 26 WLR 288 (1990)
114.535
LAW REVIEW CITATIONS: 26 WLR 292 (1990)
114.540
LAW REVIEW CITATIONS: 26 WLR 296 (1990)
114.550 to 114.560
LAW REVIEW CITATIONS: 26 WLR 295-297
(1990)