Chapter 116
116.063
NOTES OF DECISIONS
Negligent
or willful act or nonfeasance by personal representative in handling of
wrongful death claim cannot cause loss to estate. Graves v. Tulleners,
205 Or App 267, 134 P3d 990 (2006)
116.093
NOTES OF DECISIONS
On
remand where estate’s personal representative knew or should have known of
plaintiff’s unbarred tort claim against estate, representative was under duty
to send notice of closing to plaintiff. Waybrant v.
Bernstein, 75 Or App 550, 706 P2d 1002 (1985)
Order
granting motion to strike petition by bank to reopen estate was appealable
order and res judicata
bars second action by bank against residuary legatee of estate where legatee
was re-named personal representative in second suit and other principles of res judicata
apply. First Interstate Bank v. Haynes, 87 Or App 700, 743 P2d 1139 (1987)
116.113
NOTES OF DECISIONS
Partition
of property by circuit court pursuant to request of heirs does not constitute
agreement of heirs binding probate court as to distribution of property. Veberes v. Phillips, 23 Or App 363, 542 P2d 928 (1975), Sup
Ct review denied
Trial
court should have treated motion to amend decree of final distribution of
estate as motion to vacate and exercised its discretion as required by [former]
ORS 18.060. Leppanen v. Barber, 29 Or App 561, 564
P2d 740 (1977)
Where
decree of final distribution directed personal representatives to distribute
entire bequest to beneficiary, settlement agreement could not alter
requirements of decree and evidence of agreement was irrelevant. Bryan v.
Eastside Free Methodist Church, 99 Or App 698, 784 P2d 109 (1989)
116.173
NOTES OF DECISIONS
Proceeds
from wrongful death action are part of decedent’s “whole estate” amount used to
calculate compensation of personal representative. Brown v. Hackney, 228 Or App
441, 208 P3d 988 (2009)
116.183
NOTES OF DECISIONS
Under
this section, where personal representative in good faith unsuccessfully
prosecuted appeal from denial of petition to admit will to probate, he was
entitled to recover necessary expenses and attorney fees incurred on appeal.
Hunter v. Craft, 287 Or 465, 600 P2d 415 (1979)
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
Fact
that personal representative was sole beneficiary did not preclude his recovery
from estate of expenses and attorney fees which arose from good faith defense
of will in court. Hurd v. Mosby, 54 Or App 713, 636
P2d 436 (1981)
Court
may consider whether lawyer has breached professional duty when determining reasonableness
of lawyer’s fee. Kidney Association of Oregon v. Ferguson, 315 Or 135, 843 P2d
442 (1992)
LAW REVIEW CITATIONS: 26 WLR 285 (1990)
116.213
LAW REVIEW CITATIONS: 26 WLR 281, 285
(1990)
116.253
ATTY. GEN. OPINIONS: Reclaiming heir’s
right to interest on escheated property, (1979) Vol
40, p 53
116.263
ATTY. GEN. OPINIONS: Necessity of
probate if abandoned property is claimed by heirs, (1972) Vol
35, p 1177
116.313
NOTES OF DECISIONS
Burden
of proving a basis for nonapportionment is on party
challenging presumption apportionment was intended, and language in testator’s
will bequeathing property “net to taxes” was ambiguous and federal estate taxes
and Oregon inheritance taxes were required to be apportioned as provided by ORS
116.303 to 116.383. Giles v. Bruun, 52 Or App 635,
628 P2d 1272 (1981), Sup Ct review denied
Where
testator’s intention that all death taxes be paid from particular trust and not
charged against beneficiary cannot be carried out because of insufficient
funding, use of phrase “maximum marital deduction” is not sufficient direction
to avoid apportionment of inheritance taxes in manner prescribed by ORS 116.303
to 116.383. Barker v. Barker, 65 Or App 635, 672 P2d 370 (1983), Sup Ct review
denied