Oregon Statutes 406.100 – Claims against estate by department
If the Department of Veterans’ Affairs is appointed as a conservator under ORS § 406.050, a personal representative under ORS § 113.085, a fiduciary by the United States Department of Veterans Affairs or a representative payee by the United States Social Security Administration, the Department of Veterans’ Affairs shall have a claim against the estate of the protected person, the decedent, the veteran or the veteran’s beneficiaries for purposes of ORS § 406.050 (8) or (9), for all of the following:
Terms Used In Oregon Statutes 406.100
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(1) Reasonable expenses incurred by the department in the execution or administration of the estate.
(2) After the appointment of the department as conservator, reasonable compensation for ordinary and unusual services, as set forth by rule by the department.
(3) After the appointment of the department as personal representative, compensation as provided in ORS § 113.038 or 116.173 (3) and (4).
(4) With prior approval by the court having probate jurisdiction over the estate, fees charged to the department by the Attorney General for advice or assistance in the performance of the department’s duties as conservator or personal representative of the estate.
(5) After the appointment of the department as a fiduciary by the United States Department of Veterans Affairs, compensation as determined by the United States Department of Veterans Affairs.
(6) After the appointment of the department as representative payee by the United States Social Security Administration, compensation as determined by the administration. [1987 c.425 § 3; 2005 c.625 § 12; 2013 c.258 § 1; 2015 c.381 § 3; 2017 c.169 § 61]