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Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs Or Devisees

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Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs Or Devisees Online CLE Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees .75 General CLE credit From the Oregon State Bar CLE seminar Basic Estate Planning 2018, presented on November 16, 2018 © 2018 Michael Grant, Sally Peacock-Wells. All rights reserved. ii Chapter 4 Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees MICHAEL GRANT Department of Justice Civil Enforcement Civil Recovery Salem, Oregon SALLY PEACOCK-WELLS Oregon Department of State Lands Salem, Oregon Contents I. Department of State Lands . 4–1 II. Common School Fund. .4–1 III. Attorney Obligations When Confronted with Intestate Estates Without Heirs (Or Missing Heirs) . 4–2 IV. DSL Contact Information . 4–2 A. Address for Notice. .4–2 B. DSL Estate Administrator Email Address . .4–2 C. Reporting Missing Heir Funds to DSL. .4–2 D. Contact Information for DSL Estate Administration Unit . .4–3 E. Unclaimed Property Contact Information. .4–3 F. Oregon Department of Justice Contact Information . 4–3 V. Statutes . 4–3 A. ORS Chapter 112 . .4–3 B. ORS Chapter 113 . .4–4 C. ORS Chapter 114 . .4–7 D. ORS Chapter 116 . .4–8 E. Common School Fund Statutes. .4–9 F. Unclaimed Property Statutes . 4–9 Oregon’s Estates Program (Department of State Lands). 4–11 Common School Fund Benefits Oregon Schools (Department of State Lands) . 4–13 Unclaimed Property: Do We Have Your Money? (Department of State Lands). 4–15 Presentation Slides. 4–19 Chapter 4—Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees Basic Estate Planning 2018 4–ii Chapter 4—Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees I. Department of State Lands A. 1859 Oregon Constitution Creates Board of Commissioners for the sale of school, and University lands, and for the investment of funds arising therefrom.” (Article VIII, Section 5). B. It was renamed as the State Land Board in 1899. The State Land Board has three members: The Governor, the Secretary of State and the State Treasurer. C. The Department of State Lands (DSL) acts on behalf of the State Land Board. Among other things, it administers many state lands, the Common School Fund and handles unclaimed property. II. Common School Fund A. Statutes: ORS 327.403 through 327.474 B. Provides Funding to Oregon Public Schools C. Information sheet at the end of materials describes the program in more detail, including the anticipated distributions for 2018. Over $57 million is expected to be distributed to 197 K-12 Districts. D. Intestate estates without heirs escheat to the State of Oregon and are deposited into the Common School Fund. E. DSL administers intestate estates without heirs. Basic Estate Planning 2018 4–1 Chapter 4—Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees III. Attorney Obligations When Confronted with Intestate Estates Without Heirs (Or Missing Heirs) A. Notify DSL within 48 hours after you learn that a decedent died wholly intestate and without a known heir. ORS 113.238(1) B. Do not dispose of estate assets without DSL written authorization. ORS 113.238(2) C. You cannot file a petition to administer estate unless DSL gives written authorization. This must be attached to your petition to administer such an estate. ORS 113.085(4) D. Missing Heirs: Give written notice to DSL and file proof of delivery with the court. ORS 113.045 E. Missing Heirs: The missing heir or devisee’s portion escheats to DSL. ORS 112.055(2). In that case, your petition for distribution should seek to pay that person’s share to DSL. IV. DSL Contact Information A. Address for Notice: Estates Administrator Oregon Department of State Lands 775 Summer Street NE, Suite 100 Salem, OR 97301-1279 B. DSL Estate Administrator Email Address: [email protected] C. Reporting Missing Heir Funds to DSL 1. You can use a cover letter to provide us any information you have about the missing heir you do not need a special form. If you do not have a birth date or social security number you do not need to do additional work to acquire them. 2. DSL requires that you provide us with an order to escheat or final distribution that has been filed with the court. It will need to have either the judges signature or the courts stamp showing the date of receipt. 3. DSL would like to have any other information you have regarding the estate that will help it if the heir comes forward at a later date. This should include a copy of the will and death certificate if you have them. If you do not have a death certificate, provide the date of death of the decedent. Basic Estate Planning 2018 4–2 Chapter 4—Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees D. Contact Information for DSL Estate Administration Unit: 1. Website: www.oregon.gov/dsl/Money/Pages/Estates.aspx 2. Personnel: a) Greg Goller, Estate Representative,503-986-5247; Cell 503-881-6477; Email: [email protected] b) Sally Peacock- Wells, Estate Representative, 503-986-5299; Cell 503-856-6090 Email: [email protected] c) Chris Andrews, Trust Property Specialist, 503-986-5287 Email: [email protected] d) Patrick Tate, Estate Administrator, 503-986-5248 Email : [email protected] E. Unclaimed Property Contact Information: 1. Website: www.oregonup.us 2. Telephone: (503) 986-5200 3. Email address: [email protected] F. Oregon Department of Justice Contact Information: 1. Address: 1162 Court Street NE, Salem OR 97301 2. Michael Grant, Assistant Attorney General (503) 934-4400 V. STATUTES A. ORS Chapter 112 112.055 Escheat. (1) If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent’s estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon. (2) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found, the share of that person escheats to the State of Oregon. (3) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found: (a) The Department of State Lands has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085; (b) Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 vests in the Department of State Lands; and Basic Estate Planning 2018 4–3 Chapter 4—Escheats: Intestate Estates Without Heirs and Estates with Missing Heirs or Devisees (c) The Department of State Lands has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following: (A) The right to contest any will of the decedent under ORS 113.075; and (B) The right to information under ORS 113.145. [1969 c.591 §23; 2003 c.395 §2; 2015 c.387 §5] 112.058 Preferences and presumptions in escheat proceedings. (1) In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in this state: (a) No preference shall be given to any person over escheat; and (b) After diligent search and inquiry appropriate to the circumstances, the following presumptions apply in a proceeding to determine whether a missing person has died: (A) A missing person whose death cannot be proved by other means lives to 100 years of age. (B) A missing person who was exposed to a specific peril at the time the person became missing has died if it is reasonable to expect from the nature of the peril that proof of death would be impractical. (C) A missing person whose absence is unexplained has died if the character and habits of the person are inconsistent with a voluntary absence for the time that the person has been missing. (D) A missing person known to have been alive who has not been seen or heard from for seven years has died if the person has been absent from the person’s usual residence, the absence is unexplained, there are other persons who would have been likely to have heard from the missing person during that period were the missing person alive, and those other persons have not heard from the missing person. (2) In any proceeding described by subsection (1) of this section, a missing person who is presumed to be dead is also presumed to have had two children in addition to any known descendants of the person unless the presumption of death arises by reason of the application of subsection (1)(b)(B) or (C) of this section. [2003 c.395 §4; 2016 c.42 §5] B. ORS Chapter 113 113.045 Information of escheat to Department of State Lands. (1) Upon appointment, a personal representative shall deliver or mail to the Department of State Lands a copy of the petition filed under ORS 113.035, and a copy of any last will of the decedent, if the personal representative has not identified and found all heirs and devisees of the decedent. The personal representative shall file proof of the delivery or mailing with the court. (2) If at any time after the appointment of a personal representative it appears that any heir or devisee of the decedent cannot be identified and found, the personal representative shall promptly deliver or mail to the Department of State Lands a notice indicating that an heir or devisee cannot be identified and found.
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