Oregon § 114.549 Liability of affiant

Oregon Statutes

§ 114.549 — Liability of affiant

Oregon § 114.549

Vol.3

Title 12Probate Law

Ch. 114Administration of Estates Generally

This text of Oregon § 114.549 (Liability of affiant) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 114.549 (2026).

Text

An affiant may be liable for and is chargeable in the accounts of the affiant with:

(1)All of the estate of the decedent that comes into the possession of the affiant at any time, including income from the estate.

(2)All property not a part of the estate if:

(a)The affiant has commingled the property with the assets of the estate; or

(b)The property was received under a duty imposed on the affiant by law in the capacity of affiant.

(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.

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An affiant may be liable for and is chargeable in the accounts of the affiant with:
(1) All of the estate of the decedent that comes into the possession of the affiant at any time, including income from the estate.
(2) All property not a part of the estate if:
(a) The affiant has commingled the property with the assets of the estate; or
(b) The property was received under a duty imposed on the affiant by law in the capacity of affiant.
(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) Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises.