ORS 30.065
Petition for forfeiture


(1)

A petition may be filed in probate proceedings to assert that the interest in damages distributable to a parent or stepparent under ORS 30.030 (Distribution of damages) to 30.060 (Appeal from order of distribution or apportionment) is subject to forfeiture under ORS 30.063 (Forfeiture of damages distributable to parent or stepparent for desertion or neglect). A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s or stepparent’s distribution.

(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 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority) 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 first 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 decedent, a preponderance of evidence; or

(b)

If the petitioner is not a child or sibling of the decedent, clear and convincing evidence. [2019 c.461 §3]
§§ 30.010 to 30.100

Notes of Decisions

Parents of minor child may not recover compensation for loss of child’s society and companionship when child is negligently injured. Beerbower v. State ex rel Oregon Health Sciences, 85 Or App 330, 736 P2d 596 (1987), Sup Ct review denied


Source
Last accessed
May. 15, 2020