Administering Oregon Estates, 2018 Legislative Supplement

If you assist clients in estate planning matters, chances are you’ll also administer many of their estates. From initiating a probate proceeding to managing and distributing estate assets, Administering Oregon Estates will help you guide the personal representative through the process.

This supplement highlights changes to Oregon law resulting from legislative amendments made in 2013 through 2018, including the following:

  • New procedures allowing the proponent of a writing that does not comply with the formalities of a validly executed will to establish that the decedent intended the writing to constitute the decedent’s will, a partial or complete revocation of the will, or (3) an addition to or an alteration of the will.
  • Updated bonding requirements in probate proceedings.
  • Amendments to statutes regarding notice in probate proceedings and will contests.
  • New provisions regarding attorney fees, advance directives, and the personal representative’s compensation
  • Provisions relating to when a child “conceived from the genetic material of a decedent who died before the transfer of the decedent’s genetic material into a person’s body” is entitled to an interest in the decedent’s estate.

TABLE OF CONTENTS

  1. Alternatives to Probate
  2. Probate Jurisdiction and Procedures
  3. Preadministration Procedures
  4. Intestate Succession, Wills, and Community Property
  5. Initiating Probate and Small-Estate Proceedings
  6. Special Considerations
  7. Initial Responsibilities and Liabilities of Personal Representative
  8. Rights of Interested Persons
  9. Claims Against the Estate
  10. Managing Estate Assets
  11. Accounting, Distribution, and Closing
  12. Federal Estate Tax
  13. Generation-Skipping Transfer Tax
  14. Oregon Estate Tax
  15. Litigation

A special thank you to the following editors and authors for their time and contributions to this new edition:

Jonathan S. Levy; Philip N. Jones; Kate Kilberg; Kimberly Pray; Jennifer Woodhouse; Holly Mitchell; Eric Wieland; Lisa N. Bertalan; Janice Hatton; Nicholas Frost; Timothy J. Wachter; Katharine West; Sam Friedenberg; Amy Bilyeu; Steven A. Nicholes; Vanessa A. Usui; Richard W. Miller; and Sibylle Baer.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

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Fee Agreement Compendium, 2018 Edition

Most lawyer-client disputes involve fees. A clear, written agreement between lawyer and client can help prevent misunderstandings, fee disputes, and malpractice claims. The fifth edition of Fee Agreement Compendium is an essential practice tool that covers important information Oregon lawyers need regarding ethics issues, billing costs, credit issues, retainer letters, and IOLTA. Here are just a few reasons why you need this new edition:

  • There are now 42 forms, conveniently provided in a downloadable zip file, including general fee agreements, checklists, sample clauses, and specific fee agreements for nine discrete practice areas.
  • Each set of forms is preceded by clearly organized notes and comments regarding usage.
  • Agreements and letters are written in plain language so that a client can understand the document.
  • Essential bankruptcy disclosure statements are included in the bankruptcy chapter, along with the fee agreements.
  • Four engagement letters, six nonengagements, and three disengagement letters are included.
  • All ethics rules and ethics opinions citations have been updated.

TABLE OF CONTENTS

  1. Ethics Issues Arising in Fee Agreements
  2. Billing Costs
  3. Truth in Lending Act and Attorney Fee Agreements
  4. OSB Fee Dispute Resolution Program
  5. Drafting Tips for Fee Agreement
  6. Retained or Not Retained—You May Need to Prove It
  7. IOLTA in Relation to Fee Agreements
  8. Contingent Fee Agreement
  9. Hourly Fee Agreement
  10. Limited Representation Fee Agreement
  11. Fixed-Fee Agreement
  12. Agreement between Lawyers to Divide Fees
  13. Domestic-Relations Fee Agreement
  14. Independent-Adoption Fee Agreement
  15. Probate Fee Agreement
  16. Criminal Law Fee Agreement
  17. Entity-Formation Fee Agreement
  18. Workers’ Compensation Fee Agreement
  19. Social Security Fee Agreement
  20. Third-Party Personal-Injury Fee Agreement
  21. Attorney Fees in Bankruptcy

A special thank you to the following editors and authors for their time and contributions to this new edition:

Dayna E. Underhill; Dawn M. Evans, David Elkanich; Amber A. Hollister; Allison Martin Rhodes; Calon N. Russell; Richard Slottee; Richard G. Spier; Sheila M. Blackford; Mark R. Wada; Daniel F. Kellington; Karen O’Kasey; Holly Pettit; Peter R. Jarvis; Mark J. Fucile; Michael A. Greene; Collin McKean; Tabitha L. Koh; Steven G. Bell; Whitney Boise; Josh Ewing; Derek D. Simmons; David W. Hittle; Hon. Peter C. McKittrick.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

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New Edition! Joint Oregon & Washington Cannabis Codebook

Cannabis, both medical and recreational, has been legal in Oregon since 2015 and in Washington since 2013. Legislatures and agencies in both states continue to add to the statutes and rules to address this rapidly evolving area of law. Get the latest edition of Joint Oregon & Washington Cannabis Codebooks and have the statues and related administrative rules in this growing area of law at your fingertips. New paperback binding instead of spiral binding.

Order your complete set today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

Only want the Oregon Statutes and Rules? Click here. Washington Statutes and Rules are available on their own too! Click here to order today.

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Guardianships, Conservatorships, and Transfers to Minors, 2018 Edition

Now in its sixth edition, Guardianships, Conservatorships, and Transfer to Minors is a comprehensive guide to protective proceedings in Oregon. Topics include: Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; access to the basic pleading, notice, objection, and hearing procedures to be used for seeking and obtaining the appointment of a fiduciary in a protective proceeding; includes over 45 forms, including checklists for monitoring a protective proceeding to assist the lawyer and the fiduciary; 2017 and 2018 legislation; and much more.

TABLE OF CONTENTS

  1. Introduction
  2. Provisions Generally Applicable to Protective Proceedings
  3. Guardianships and Temporary Fiduciaries
  4. Conservatorships and Other Protective Proceedings
  5. Uniform Transfers to Minors Act

A special thank you to the following editor and author for their time and contributions to this new edition:

Peter Barnhisel, Author
Gary Vigna, Editor

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

 

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Oregon Probate and Uniform Trust Codebook, 2017 Edition

This small paperback codebook puts the essential probate and uniform trust code statutes at your fingertips. Serves as a companion to Administering Trusts in Oregon, but is also a useful stand-alone resource.

Includes:

  • ORS Chapter 111 — General Provisions
  • ORS Chapter 112 — Interstate Succession and Wills
  • ORS Chapter 113 — Initiation of Estate Proceedings
  • ORS Chapter 114 — Administration of Estates Generally
  • ORS Chapter 115 — Claims; Actions and Suits
  • ORS Chapter 116 — Accounting, Distribution and Closing
  • ORS Chapter 117 — Estates of Absentees
  • ORS Chapter 118 — Estate Tax
  • ORS Chapter 128 — Trusts; Charitable Activities
  • ORS Chapter 129 — Uniform Principal and Income Act
  • ORS Chapter 130 — Uniform Trust Code

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

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Administering Trusts in Oregon, 2018 Edition

Administering Trusts in Oregon includes all you need to know to ensure your clients’ peace of mind. With this new edition, you will confidently represent your clients under the Oregon Uniform Trust Code and always be prepared with up-to-date, essential information on trust administration.

 TABLE OF CONTENTS

  • The Role of Trusts in the Estate Planning Process
  • Overview of the Oregon Uniform Trust Code
  • Trust Substitutes
  • Trustee Selection and Succession
  • Trustee’s Duties, Powers, and Liabilities
  • Administration Procedures
  • Principal and Income
  • Tax Aspects of Trust Administration
  • Trust Investments
  • Creditors’ Rights and Spendthrift Clauses
  • Charitable Trusts
  • Special-Needs Trusts
  • Pet Trusts
  • Oregon Rule against Perpetuities
  • Litigation
  • Modification, Revocation, and Termination
  • Tax Issues in Postmortem Administration
  • Ethics and Conflicts of Interest
  • Environmental Liability Issues

A special thank you to the following editors and authors for their time and contributions to this new edition:

Stephen E. Kantor; Carolyn W. Miller; Hilary A. Newcomb; Ian T. Richardson; Robert J. Saalfeld; Jeffrey G. Moore; Susan N. Gary; Eric R. Foster; Paul F. McClay; Erin Keys MacDonald; Timothy J. Wachter; Stephanie E. Carter; Margaret Vining; Caitlin M. Wong; Eric Wieland; Walker Clark; Christopher P. Cline; Joshua E. Husbands; R. Brent Berselli; Melissa May; Julie Nimnicht; Emily Hogan; Emily V. Karr; Susan B. Bock; Matthew Whitman; Susan A. Bower; Christine P. Brown; Valerie Sasaki; Peter R. Jarvis; Carson Bowler.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

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What’s New on BarBooks™

The following material has been posted to BarBooks™ as of November 1, 2017. Chapters to books in progress are posted as they are finalized, before they are available in print.

Veterans, Military Servicemembers, and the Law
Chapter 6:   The US Department of Veterans Affairs
Chapter 8:   Employment and Reemployment Rights
Chapter 10:  Family Law

Administering Trusts in Oregon
Chapter 1:   The Role of Trusts in Estate Planning Process
Chapter 5:   Trustee’s Duties, Powers, and Liabilities
Chapter 6:   Administration Procedures
Chapter 14:  Oregon Rule Against Perpetuities

Oregon Criminal Jury Instructions
UCrJI Nos. 1043, 1103 and 2311

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Oregon Uniform Jury Instructions, 2017 Supplements

With Oregon Uniform Jury Instructions you will always be prepared for trial with up-to-date and customizable jury instructions, save time by using instructions already drafted by the experts, and represent your clients with confidence using the comments to the instructions.


Oregon Uniform Civil Jury Instructions

  • 1 New Instruction
  • 9 Revised Instructions
  • 1 Withdrawn Instruction

The Uniform Civil Jury Instructions Committee completed their review of the landlord-tenant instructions with updates to an instruction last updated in 2011 and the addition of a new instruction addressing landlord retaliation. The committee continued reviewing instructions in other areas that were last reviewed in 2005 as well as updating instructions last reviewed in 2007. Included in this 2017 supplement are nine revised instructions, one new instruction, and one instruction addressing passenger negligence that was withdrawn because it was sufficiently addressed in other instructions.

Oregon Uniform Criminal Instructions

  • 2 New Instructions
  • 8 Revised Instructions
  • Updated Users’ Guide

The Uniform Criminal Jury Instructions Committee is finishing up its 2017 supplement. The updated Users’ Guide contains discussions on the issues of jury concurrence, judicial admissions, and stipulating to prior convictions. The committee drafted a new curative and limiting instruction to address matters excluded from evidence and matters offered for a limited purpose. The committee also added new case law to a number of instructions and revised the instructions for second-degree robbery and unlawful possession of a firearm.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or toll-free in Oregon, 1-800-452-8260, x 413.

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NEW! Veterans, Military Servicemembers, and the Law, 2017 Edition

Available for Preorder! Order Your Copy Today.

This new offering is a resource developed in conjunction with the Military and Veterans Law Section. It highlights the vast military presence in Oregon, underscoring the need for legal resources to support our veterans and military. It also provides information about legal rights and benefits that may alter how you practice when your client or opponent is a veteran or military servicemember.

Highlights include:

  • Who Is a Veteran?
  • Military Branches
  • Oregon’s Military Presence
  • Criminal Law for Veterans
  • Getting Military Records, and Witnesses: Privacy Act, FOIA, and Touhy Requests
  • The US Department of Veterans’ Affairs
  • State Veterans’ Benefits and Resources
  • Employment and Re-Employment Rights
  • Helping Servicemembers on Active Duty and Veterans as Civil Litigants, Consumers, and Taxpayers
  • Family Law Issues
  • PTSD and TBI: Issues in Administrative and Criminal Forums
  • Veteran-Focused Service Organizations

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

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Advising Oregon Businesses: Vols. 1 & 2, 2017 Edition

Available for Preorder! Order Your Copy Today.

Advising Oregon Businesses provides the tools you need to assist your business clients in choosing and organizing a business entity. This must-have resource is written and edited by Oregon’s foremost business law lawyers. Volumes 1 and 2 have been completely revised to include new topics, 2017 legislation, and one new chapter on where to incorporate.

Highlights include:

  • Sole Proprietorships
  • General Partnerships
  • Limited Liability Partnerships
  • Limited Partnerships
  • Partnership Taxation
  • Tenancy in Common—An Alternative to Partnerships or LLCs
  • Limited Liability Companies
  • Procedural Steps of Incorporation
  • Business Records
  • Amendment of Articles and Bylaws
  • Income Tax Consequences of Incorporation
  • Subchapter S Taxation
  • Financing in General
  • Definition of a Security
  • Public Companies
  • Private Placement of Securities
  • Oregon Securities Law
  • Debt Financing
  • Venture Capital Financing
  • Government Financing of the Small Business
  • Shareholders’ Meetings; Voting; Proxies; and Voting Arrangements
  • Corporate Buy-Sell Agreements
  • Redemption or Purchase of Corporate Shares
  • Shareholder Derivative Actions
  • Inspection of Corporate Records
  • Powers, Duties, and Liabilities of Corporate Directors and Officers
  • Ethical Guidelines for the Business Lawyer
  • Dividends
  • Foreign Corporations in Oregon
  • Assisting an Extranational Corporation in Oregon
  • Cooperatives
  • Professional Corporations
  • Special Problems of Closely Held Businesses
  • Tax Aspects of Stock Redemptions and Nonliquidating Distributions
  • Corporate Liquidations
  • Introduction to Corporate Reorganizations
  • Acquisitive Corporate Reorganizations: Type A, B, and C Reorganizations
  • Corporate Separations—The D Reorganization
  • Type E and Type F Reorganizations
  • Type G Reorganizations
  • Cross-Entity Conversions and Mergers
  • Jurisdiction of Organization – NEW!

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

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