116.063
Liability of personal representative.
A personal representative may be liable for and is chargeable in the accounts
of the personal representative with:
(1) All of the
estate of the decedent that comes into the possession of the personal
representative at any time, including the income therefrom.
(2) All property
not a part of the estate if:
(a) The personal
representative has commingled the property with the assets of the estate; or
(b) The property
was received under a duty imposed on the personal representative by law in the
capacity of personal representative.
(3) Any loss to
the estate arising from:
(a) Neglect or
unreasonable delay in collecting the assets of the estate.
(b) Neglect in
paying over money or delivering property of the estate.
(c) Failure to
pay taxes as required by law or to close the estate within a reasonable time.
(d) Embezzlement
or commingling of the assets of the estate with other property.
(e) Unauthorized
self-dealing.
(f) Wrongful acts
or omissions of copersonal representatives that the personal representative
could have prevented by the exercise of ordinary care.
(g) Any other
negligent or willful act or nonfeasance in the administration of the estate by
which loss to the estate arises. [1969 c.591 §173]
Notes of Decisions
Cited in
5
cases, 1980–2014 · leading case:
Graves v. Tulleners, 134 P.3d 990 (Or. Ct. App. 2006).
Graves v. Tulleners, 134 P.3d 990 (Or. Ct. App. 2006).
· cites it 4× “ORS 116.063 provides, in part: “A personal representative may be liable for and is chargeable in the accounts of the personal representative with: ‡ ‡ ‡ *280 “(3) Any loss to the estate arising from: * * * * “(g) Any other negligent or willful act or nonfeasance in the…”
Kidney Ass'n of Oregon v. Ferguson, 843 P.2d 442 (Or. 1992).
“ORS 116.063(3). No self-dealing, negligence, or wrongful conduct of the personal representative has been alleged in this case.”
In Re Morris, 953 P.2d 387 (Or. 1998).
“See ORS 116.063(3)(g) (personal representatives may be liable for certain administrative acts that cause loss to the estate).”
Matter of Est. of White, 609 P.2d 365 (Or. 1980).
“ORS 116.063(2)(b); 114.395. The legislature has not given the beneficiaries the equivalent of a property right in the unliquidated claim itself.”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
· cites it 2× “” But other provisions, ORS 116.063 to 116.263, relate specifically to final accountings.”
— Or. Rev. Stat. § 116.063(2)(b) — 1 case
Matter of Est. of White, 609 P.2d 365 (Or. 1980).
“ORS 116.063(2)(b); 114.395. The legislature has not given the beneficiaries the equivalent of a property right in the unliquidated claim itself.”
— Or. Rev. Stat. § 116.063(3) — 2 cases
Graves v. Tulleners, 134 P.3d 990 (Or. Ct. App. 2006).
“ORS 116.063 provides, in part: “A personal representative may be liable for and is chargeable in the accounts of the personal representative with: ‡ ‡ ‡ *280 “(3) Any loss to the estate arising from: * * * * “(g) Any other negligent or willful act or nonfeasance in the…”
Kidney Ass'n of Oregon v. Ferguson, 843 P.2d 442 (Or. 1992).
“ORS 116.063(3). No self-dealing, negligence, or wrongful conduct of the personal representative has been alleged in this case.”
— Or. Rev. Stat. § 116.063(3)(g) — 1 case
In Re Morris, 953 P.2d 387 (Or. 1998).
“See ORS 116.063(3)(g) (personal representatives may be liable for certain administrative acts that cause loss to the estate).”
— Or. Rev. Stat. § 116.063(g) — 1 case
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
“” But other provisions, ORS 116.063 to 116.263, relate specifically to final accountings.”
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