Oregon Statutes 93.985 – Forfeiture of transfer by parent who deserted or neglected transferor
(1) A petition may be filed in probate proceedings to assert that the interest in property, as defined in ORS § 93.949, transferred by a transfer on death deed to a parent of a deceased transferor is subject to forfeiture under ORS § 93.983. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share.
Terms Used In Oregon Statutes 93.985
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
(2) A petition under this section must be filed not later than:
(a) Four months after the date of delivery or mailing of the information described in ORS § 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or
(b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:
(A) Four months after the date of publication of notice to interested persons; or
(B) If notice to interested persons was not published, one year after the decedent‘s date of death.
(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:
(a) If the petitioner is a child or sibling of the transferor, a preponderance of evidence; or
(b) If the petitioner is not a child or sibling of the transferor, clear and convincing evidence. [2011 c.212 § 21; 2019 c.461 § 7; 2023 c.18 § 3]
See note under 93.948.
PENALTIES