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 parent's share by reason of termination of parental rights or desertion or neglect). A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s 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).
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