§ 130.370 — Notice to individual claimants

Oregon § 130.370

• Jurisdiction: Oregon
• Vol.: 3
• Title 13: Protective Proceedings; Powers of Attorney; Trusts
• Ch. 130: Uniform Trust Code

Text

(1) Within three months after a petition is entered in the register of the court under ORS 130.355, or within such longer time as the court allows, a trustee must make reasonably diligent efforts to investigate the financial records and affairs of the settlor and to take such further actions as are reasonably necessary to ascertain the identity and address of each person who has or asserts a claim against the trust estate. The court shall allow the trustee as much time as requested by the trustee for the purpose of determining the claims against the trust estate. The trustee must thereafter cause to be delivered or mailed a notice containing the information required in subsection (2) of this section to the Department of Human Services and the Oregon Health Authority, or as otherwise provided by rule adopted by the authority, and to each person known by the trustee to have or to assert a claim against the trust estate. Notice under this section is not required for any claim that has already been presented, accepted or paid in full or on account of a claim that is merely conjectural.
(2) The notice required by this section must include:
(a) The name of the settlor and the last four digits of the settlor’s Social Security number;
(b) The name of the trustee and the address at which claims must be presented;
(c) A statement that claims against the trust estate that are not presented to the trustee within 30 days after the date of the notice may be barred;
(d) The date of the notice, which shall be the date on which the notice is delivered or mailed; and
(e) A certified copy of the settlor’s death record.

Legislative History

Formerly 128.266; 2009 c.363 §2; 2009 c.595 §90; 2011 c.720 §63; 2013 c.366 §63