113.092
Convicted felon as nominated personal representative. (1) A person nominated as personal
representative who has been convicted of a felony shall inform the court of the
conviction. The conviction shall not disqualify the nominee from acting as
personal representative unless the court finds that the facts underlying the
conviction are substantially similar to facts which would constitute grounds
for removal of a personal representative under ORS 113.195 (2), and the court
has reasonable grounds to believe that such person will be unfaithful to or
neglectful of the trust.
(2) A nominee who
fails to inform the court of a felony conviction may be disqualified from
acting as personal representative. A personal representative who so fails to
inform the court may be removed. [1975 c.781 §8]
Notes of Decisions
Cited in
3
cases, 1977–2020 · leading case:
Warkentin v. Shirey, 480 P.3d 289 (Or. Ct. App. 2020).
Warkentin v. Shirey, 480 P.3d 289 (Or. Ct. App. 2020).
“Shirey “(3) When a personal representative has failed to com- ply with ORS 113.092, the court may remove the personal representative.”
Roley v. Sammons, 170 P.3d 1067 (Or. Ct. App. 2007).
“…may also be removed when he or she fails to inform the probate court of the representative’s conviction of a felony. ORS 113.092(2).”
Crittenden v. Hanna, 562 P.2d 609 (Or. Ct. App. 1977).
“"(3) When a personal representative has failed to comply with ORS 113.092, the court may remove him. Petitioner states in its assignment of error number 3 concerning the denial of the motion to amend: "* * * [DJuring the course of the trial all of the reasons urged for the…”
— Or. Rev. Stat. § 113.092(2) — 1 case
Roley v. Sammons, 170 P.3d 1067 (Or. Ct. App. 2007).
“…may also be removed when he or she fails to inform the probate court of the representative’s conviction of a felony. ORS 113.092(2).”
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