Chapter 115

 

      115.003

 

NOTES OF DECISIONS

 

      Where defendant did not send notice to Oregon Health Authority under this section and defendant knew within three months after defendant was appointed personal representative of estate that authority asserted claim against estate, notice sent under ORS 113.145 was insufficient. Oregon Health Authority v. Cue, 268 Or App 350, 342 P3d 98 (2014), Sup Ct review denied

 

LAW REVIEW CITATIONS: 26 WLR 276 (1990)

 

      115.004

 

LAW REVIEW CITATIONS: 26 WLR 278 (1990)

 

      115.005

 

NOTES OF DECISIONS

 

      Where claim against decedent’s business establishment was transmitted to and answered by attorney for defendant-personal representative on behalf of estate, claim was presented to personal representative within meaning of this section. Wilson v. Culbertson, 41 Or App 475, 599 P2d 1163 (1979)

 

      Exception for claims to establish liability of decedent up to limits of liability insurance protection applies only to claims against estate, not to liability claims against decedent personally. Ramirez v. Lembcke, 191 Or App 70, 80 P3d 510 (2003)

      Where claim against estate is otherwise subject to statute of limitations, claimant must comply both with statute of limitations and with limitations period imposed under this section. Department of Human Services v. Broyles, 228 Or App 264, 208 P3d 519 (2009)

 

LAW REVIEW CITATIONS: 26 WLR 278 (1990)

 

      115.008

 

NOTES OF DECISIONS

 

      As used regarding actions brought in name of state, term “under this chapter” modifies both statutes of limitation and other time limits. Department of Human Services v. Broyles, 228 Or App 264, 208 P3d 519 (2009)

 

      115.025

 

NOTES OF DECISIONS

 

      Where attorney for personal representative received claim against estate and responded to it, any formal requirements under this section were waived. Wilson v. Culbertson, 41 Or App 475, 599 P2d 1163 (1979)

 

      115.035

 

NOTES OF DECISIONS

 

      Issuance of general denial rather than filing of plea in abatement waives claim of defective notice. Hein v. Thiel, 274 Or 715, 549 P2d 514 (1976)

 

      Receipt of claim against estate by attorney for personal representative and response to this claim was waiver under this section. Wilson v. Culbertson, 41 Or App 475, 599 P2d 1163 (1979)

 

      115.065

 

NOTES OF DECISIONS

 

      Filing of action to enforce security interest prior to filing claim against estate prevents obtaining deficiency judgment against estate. Meissner v. Murphy, 58 Or App 174, 647 P2d 972 (1982)

 

LAW REVIEW CITATIONS: 26 WLR 283 (1990)

 

      115.105

 

NOTES OF DECISIONS

 

      Hearing on objections to final account is tried as a suit in equity rather than action at law. Hayes v. Bosch, 31 Or App 897, 571 P2d 1264 (1977)

 

      115.115

 

LAW REVIEW CITATIONS: 26 WLR 284 (1990)

 

      115.125

 

NOTES OF DECISIONS

 

      Secured creditor’s reliance on security interest in property is not claim against estate and therefore is not subject to pro rata distribution. Heiller v. Nelson, 127 Or App 189, 872 P2d 26 (1994)

 

      Provision allowing agency claim for payment of “net amount of public assistance” does not preclude collection of interest on debt due. Thomas v. Senior and Disabled Services Division, 319 Or 520, 878 P2d 1081 (1994)

 

LAW REVIEW CITATIONS: 26 WLR 284 (1990)

 

      115.145

 

NOTES OF DECISIONS

 

      Action against residuary legatee of estate for restitution of amount paid by plaintiff on obligation owed by estate was properly dismissed where plaintiff failed to exercise statutory rights against estate. First Interstate Bank v. Haynes, 73 Or App 714, 699 P2d 1168 (1985), Sup Ct review denied, on reconsideration 75 Or App 18, 704 P2d 1165 (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 applied. First Interstate Bank v. Haynes, 87 Or App 700, 743 P2d 1139 (1987)

 

      Procedural mechanism for filing request for summary determination or commencing action against estate does not create new rights, therefore time limitation does not apply to government entities. Department of Human Resources v. Payne, 157 Or App 612, 970 P2d 266 (1998)

 

      When read with ORS 115.165, personal representative of decedent may not assert counterclaim in summary determination proceeding. Flaig v. Emert, 260 Or App 652, 320 P3d 586 (2014)

 

LAW REVIEW CITATIONS: 26 WLR 284 (1990)

 

      115.165

 

NOTES OF DECISIONS

 

      When read with ORS 115.145, personal representative of decedent may not assert counterclaim in summary determination proceeding. Flaig v. Emert, 260 Or App 652, 320 P3d 586 (2014)

 

      115.185

 

LAW REVIEW CITATIONS: 26 WLR 284 (1990)

 

      115.195

 

NOTES OF DECISIONS

 

      “Competent, satisfactory evidence” means evidence that establishes prima facie case without testimony of claimant being considered. Lawrence v. Ladd, 280 Or 181, 570 P2d 638 (1977)

 

      Testimony of witness that decedent told her that plaintiff would be paid for taking care of him was insufficient to make out prima facie case, because it merely expressed an intention to pay plaintiff and could not be construed as statement on decedent’s part that he had agreed or promised to pay her. LaTrace v. Estate of LaTrace, 55 Or App 1005, 640 P2d 703 (1982)

 

      Plaintiff established prima facie case for reasonable value of her services where there was sufficient evidence, apart from her own testimony, for jury to find that she provided valuable services to decedent and that decedent requested or acquiesced in services and knew that they were not gratuitous. Johnson v. Ranes, 67 Or App 667, 680 P2d 688 (1984)

 

      Testimony of claimant’s daughters provided sufficient corroboration of plaintiff’s claim that her aunt promised to pay plaintiff for taking care of her to justify trial court’s judgment in plaintiff’s favor on claim against aunt’s estate. Kohler v. Armstrong, 92 Or App 326, 758 P2d 407 (1988)

 

      “Claim that has been disallowed by personal representative” does not include claim to partnership interest in real property and business operation. Wilkinson v. Higgins, 117 Or App 436, 844 P2d 266 (1992)

 

      115.305

 

NOTES OF DECISIONS

 

      The death of a party after a decree of dissolution does not terminate the right of that party’s personal representative from making a timely appeal of the property division. Libby and Libby, 23 Or App 223, 541 P2d 1077 (1975)

 

      This section, not ORS 115.195, governed action commenced before decedent died and plaintiffs were not required to and did not present claims to personal representative. Hitchman v. Burkey, 95 Or App 508, 769 P2d 799 (1989)

 

      115.325

 

NOTES OF DECISIONS

 

      Where creditor of decedent filed action for specific performance of land sales contract against administrator of decedent’s estate before filing claim with estate, creditor was limited to reliance on security and could not collect deficiency judgment. Meissner v. Murphy, 58 Or App 174, 647 P2d 972 (1982)

 

      Where plaintiffs failed to allege in complaint that claim was presented to personal representative of estate and denied, trial court did not err in granting defendant’s motion to dismiss for failure to state claim. Balthrop v. Berryman, 96 Or App 354, 772 P2d 955 (1989)

 

LAW REVIEW CITATIONS: 26 WLR 285 (1990)