Oregon Statutes 114.635 – Exclusions from augmented estate
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The augmented estate does not include:
Terms Used In Oregon Statutes 114.635
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
(1) Any value attributable to future enhanced earning capacity of either spouse;
(2) Any property that is irrevocably transferred before the death of the decedent spouse;
(3) Any property that is transferred on or after the date of the death of the decedent spouse with the written joinder or written consent of the surviving spouse;
(4) Any property that is community property under ORS § 112.705 to 112.775 or under the laws of the jurisdiction where the property is located; or
(5) Any property that is held by either spouse solely in a fiduciary capacity. [2009 c.574 § 9; 2011 c.305 § 1]
(Decedent’s Probate Estate)