115.215
Extension of statute of limitations.
If a claim is not barred by the statute of limitations on the date of death of
the decedent, the claim is not barred by the statute of limitations thereafter
until at least one year after the date of death. [1969 c.591 §161]
115.220 [1963 c.447 §1; 1965 c.514 §1;
repealed by 1969 c.591 §305]
DISCHARGE OF
ENCUMBRANCES
Notes of Decisions
Shaughnessy v. Spray, 637 P.2d 182 (Or. Ct. App. 1981).
· cites it 2× “ORS 115.215. We should not attempt to rewrite ORS 30.”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
“The circuit court and the Court of Appeals have ruled, as I would, that for interest to he payable, interest must have been claimed and allowed within the procedures in ORS chapter 115, and cannot be claimed now nine years after the estate was opened.”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
“[2] ORS 115.215 extends statutes of limitations that had not run on the date of death of the decedent until at least one year after the date of death.”
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