(1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

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Terms Used In Oregon Statutes 93.959

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fraud: Intentional deception resulting in injury to another.

(2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void.

(3) A proceeding must be commenced not later than 18 months after the transferor’s death to:

(a) Contest the capacity of the transferor; or

(b) Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was procured by fraud, duress or undue influence. [2011 c.212 § 8]

 

See note under 93.948.