Oregon Statutes 179.740 – Collection from estates; settlement
(1) The Department of Corrections, the Department of Human Services or the Oregon Health Authority, as appropriate, may file a claim against the decedent‘s estate for any unpaid charges under ORS § 179.620 (3). This shall be done in the same manner as claims of creditors and with the priorities provided in ORS § 115.125.
Terms Used In Oregon Statutes 179.740
- Decedent: A deceased person.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Institution: means the institutions designated in ORS § 179. See Oregon Statutes 179.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
(2) If, within 90 days following the person‘s death, the person’s estate is not otherwise being probated, the agency may petition any court of competent jurisdiction for the issuance of letters of administration or testamentary. This action would be for the purpose of collecting the full amount of unpaid cost of care as determined by ORS § 179.701 and limited by ORS § 179.620 (3). However, the agency may not file a petition under this subsection until at least 90 days after the death of the person who was at the state institution and then only in the event that the person’s estate is not otherwise being probated.
(3) The agency may settle any claim against the decedent’s estate during the pendency of the probate proceeding by accepting other security or in any other equitable manner. The agency may waive all or part of the claim if it finds collection of this amount due to be inequitable.
(4) The agency may not recover amounts that exceed the total cost of care of the deceased person as computed under ORS § 179.701 and limited by ORS § 179.620 (3). [1959 c.652 16,17,18; 1961 c.501 § 4; 1969 c.591 § 297; 1973 c.546 § 11; 1979 c.684 § 4; 1989 c.348 § 10; 2001 c.487 § 10; 2009 c.595 § 156]