Conveyancing and Recording

ORS 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 (URPTDA 2. Definitions), transferred by a transfer on death deed to a parent of a deceased transferor is subject to forfeiture under ORS 93.983 (Transfer to parent who deserted or neglected transferor). A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share.

(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 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]
Note: See note under 93.948 (URPTDA 1. Short title).
Chapter 93

Atty. Gen. Opinions

Records involving title to real property registered under the Torrens system, (1972) Vol 35, p 1032


Source

Last accessed
Jun. 26, 2021