Claimed Lawyer ProfileQ&AResponsive Law
- Estate Planning
- Elder Law
Additional Practice Areas
- Trust Administration
- Powers of Attorney
Rates, Retainers and Additional Information
We generally bill hourly but some estate planning is handled on a flat fee basis. Please contact me for more information.
Jurisdictions Admitted to Practice
- Oregon State Bar
- ID Number: 982626
- English: Spoken, Written
- Fitzwater Law
- - Current
- Associate Attorney
- Scalf & O'Halloran
- Associate attorney in a general practice firm handling probate, guardianship and estate planning cases.
- Willamette University College of Law
- J.D. (1998) | Law
- Linfield College
- B.A. (1992) | Psychology & Spanish
- President's Public Service Award
- Oregon State Bar Association
- Public Service Award Criteria: The nominee must have volunteered for the activity involved; must be an active or emeritus member of the Oregon State Bar; and must have made significant contributions to the public through recent efforts in one or more of the following areas: pro bono legal service to individuals or groups, law-related public education, coordination of public service law-related events (such as those associated with Law Day), service with community boards or organizations, or similar activities which benefit the public.
- Oregon State Bar Association  # 982626
- Oregon State Bar Elder Law Section
- Guardian Partners
- Board President
- Guardian/Conservator Association of Oregon
- Oregon Working Interdisciplinary Network of Guardian Stakeholders (WINGS)
Articles & Publications
- Elder Law Handbook
- Oregon State Bar
- Health Ed 2019 , Portland, Oregon
- PESI, Inc.
- Fitzwater Law attorneys value giving back to Oregon’s social work community. On Friday, May 31 attorneys Wes Fitzwater, Chris Ray and Theressa Hollis will present at Oregon Elderlaw 2019. This all-day Health Ed presentation put on by PESI, Inc. (Professional Education Systems Institute) benefits social workers, nurses, case managers, psychologists and other professionals working with, caring for & advising the elderly & their families. Topics covered will include planning for health and financial decisions, the impact of the Affordable Care Act on Medicare, recent updates on Medicaid eligibility, understanding guardianship and conservatorship, and elder abuse, neglect and exploitation.
65 Questions Answered
- Q. I suspected financial elder abuse by my sister who served as my mother's POA. Am I able to pursue an investigation?
- A: I'm very sorry for your loss. Just because the accounts are closed does not mean that you have no recourse. I recommend you consult with a probate litigator who can evaluate your specific situation and give you an opinion as to the likelihood of success for your case.
- Q. The person that is supposed to file probate in Oregon on my mom's estate/property is doing nothing. What can I do?
- A: Assuming there are assets in your mother's name alone that require probate, you could hire an attorney to send a demand letter to the nominated Personal Representative. If that didn't work you could send a demand letter to the second person nominated in the Will. It is also possible to file a probate explaining to the Court that the nominated Personal Representative has refused to proceed and ask to be appointed as Personal Representative instead.
- Q. How long after my mom's death does the yet to be appointed (by the court) executor have to file for probate in Oregon?
- A: There is no time requirements on filing a probate after a person dies. If the decedent owned real property then the nominated Personal Representative (this is what Oregon calls the Executor) should probably file the probate quickly so that they have legal authority to deal with the property. Once the PR has been appointed they need to send out a notice of appointment (called Information to Heirs & Devisees) informing the heirs and devisees that they have been appointed. My firm includes a copy of the Will but this is not required by Oregon law. Once you receive the Information to Heirs & Devisees you can contact the Court to order a copy of the Will if necessary.
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