(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 to 30.060 is subject to forfeiture under ORS § 30.063. 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.

Terms Used In Oregon Statutes 30.065

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probate: Proving a will

(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 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 date of 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; 2023 c.18 § 2]

 

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