ORS 118.280
Power to sell for payment of tax

  • tax lien transferred to proceeds when property of estate sold or mortgaged

(1)

Every executor, administrator or trustee has power to sell as much of the property embraced in any inheritance, devise, bequest or legacy, as will enable the executor, administrator or trustee to pay the tax imposed by ORS 118.005 (Definitions for ORS 118.005 to 118.540) to 118.540 (Department agreements with taxing officials of other states), in the same manner as the executor, administrator or trustee is authorized to do for the payment of the debts of a decedent.

(2)

Any part of the gross estate sold for the payment of claims against the estate and expenses of administration, for the payment of the tax imposed by ORS 118.005 (Definitions for ORS 118.005 to 118.540) to 118.540 (Department agreements with taxing officials of other states), or for purposes of distribution, shall be divested of the lien of such tax, and such lien shall be transferred to the proceeds of such sale. A mortgage on property executed for payment of claims against the estate and expenses of administration and for payment of the tax imposed by ORS 118.005 (Definitions for ORS 118.005 to 118.540) to 118.540 (Department agreements with taxing officials of other states) shall constitute a lien upon said property prior and superior to the estate tax lien, which estate tax lien shall attach to the proceeds of such mortgage. [Amended by 1957 c.362 §1; 1969 c.591 §215; 2011 c.526 §12]

Source: Section 118.280 — Power to sell for payment of tax; tax lien transferred to proceeds when property of estate sold or mortgaged, https://www.­oregonlegislature.­gov/bills_laws/ors/ors118.­html.

Green check means up to date. Up to date

Current through early 2024

§ 118.280’s source at oregon​.gov