2011 ORS § 93.985¹
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 112.047 (Forfeiture of parents share by reason of desertion or neglect). A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parents 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) Four months after the first publication of notice to interested persons 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.

(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by clear and convincing evidence. [2011 c.212 §21]

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

Note: Sections 29 and 31, chapter 212, Oregon Laws 2011, provide:

Sec. 29. The Oregon Law Commission shall make a copy of the commentary approved by the commission for the provisions of sections 1 to 21 of this 2011 Act [93.948 (URPTDA 1. Short title) to 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor)] and the amendments to ORS 86.740 (Notice of sale to be given to certain persons), 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration), 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property), 107.115 (Effect of judgment), 112.465 (Slayer or abuser considered to predecease decedent), 112.570 (Definitions for ORS 112.570 to 112.590) and 125.440 (Acts conservator may perform only with court approval) by sections 22 to 28 of this 2011 Act available on a website maintained by the commission. [2011 c.212 §29]

Sec. 31. Sections 19 to 21 of this 2011 Act [93.981 (Effect of divorce or annulment on transfer on death deed) to 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor)] and the amendments to ORS 86.740 (Notice of sale to be given to certain persons), 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration), 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property), 107.115 (Effect of judgment), 112.465 (Slayer or abuser considered to predecease decedent), 112.570 (Definitions for ORS 112.570 to 112.590) and 125.440 (Acts conservator may perform only with court approval) by sections 22 to 28 of this 2011 Act apply to a transfer on death deed made before, on or after the effective date of this 2011 Act [January 1, 2012] by a transferor dying on or after the effective date of this 2011 Act. [2011 c.212 §31]