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