Givan v. Department of Human Services

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Trusts and Estates
  • Date Filed: 11-29-2017
  • Case #: A159314
  • Judge(s)/Court Below: Tookey, P.J. for the Court; DeHoog, J.; Aoyagi, J.
  • Full Text Opinion

“If a personal representative is not appointed within four months after the filing of the affidavit authorized by ORS 114.515, the interest of the decedent in all of the property described in the affidavit is transferred to the person(s) shown by the affidavit to be entitled thereto, and any other claims against the property are barred.” ORS 114.555.

Successors-Appellants, Givan and LaRiviere, appealed the probate court’s dismissal of their claims and a limited supplemental judgment that required only Givan to pay  attorney’s fees. On appeal, Givan and LaRiviere argued the probate court did not have jurisdiction to distribute the estate because it failed to appoint a personal representative within four months pursuant to ORS 114.555. “If a personal representative is not appointed within four months after the filing of the affidavit authorized by ORS 114.515, the interest of the decedent in all of the property described in the affidavit is transferred to the person(s) shown by the affidavit to be entitled thereto, and any other claims against the property are barred.” ORS 114.555. The Court of Appeals held that Givan and LaRiviere’s claims were proper because four months had passed and thus, the probate court did not have jurisdiction to distribute the estate. All errors related to ORS 114.555 are reversed, determination for supplement attorney’s fees remanded for further proceedings. 

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