406.100 Claims against estate by department

252 words·~1 min read·/or/ors-chapter-406/406-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

406.100 Claims against estate by department. If the Department of Veterans’ Affairs is appointed as a conservator under ORS 406.050, a personal representative under ORS 113.085, a fiduciary by the United States Department of Veterans Affairs or a representative payee by the United States Social Security Administration, the Department of Veterans’ Affairs shall have a claim against the estate of the protected person, the decedent, the veteran or the veteran’s beneficiaries for purposes of ORS 406.050

(8)or (9), for all of the following:

(1)Reasonable expenses incurred by the department in the execution or administration of the estate.

(2)After the appointment of the department as conservator, reasonable compensation for ordinary and unusual services, as set forth by rule by the department.

(3)After the appointment of the department as personal representative, compensation as provided in ORS 113.038 or 116.173

(3)and (4).

(4)With prior approval by the court having probate jurisdiction over the estate, fees charged to the department by the Attorney General for advice or assistance in the performance of the department’s duties as conservator or personal representative of the estate.

(5)After the appointment of the department as a fiduciary by the United States Department of Veterans Affairs, compensation as determined by the United States Department of Veterans Affairs.

(6)After the appointment of the department as representative payee by the United States Social Security Administration, compensation as determined by the administration. [1987 c.425 §3; 2005 c.625 §12; 2013 c.258 §1; 2015 c.381 §3; 2017 c.169 §61]