Theressa Hollis

Theressa Hollis

Fitzwater Law
  • Probate, Estate Planning, Elder Law
  • Oregon
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Biography

I’m a partner with Fitzwater Law and have practiced with this firm for 22 years. My practice emphasizes legal issues unique to the elderly and their families, including guardianship and conservatorship proceedings, probate estates, trust administration, and estate planning. Some of my favorite cases are the emergency (“temporary”) guardianships and conservatorships. I received my J.D. from Willamette University College of Law in 1998.

I value helping people in times of crisis by making the legal system understandable. I pride myself on being reliable and thorough in my work, while striving to take the mystery out of the legal process.

Elder law and estate planning is a perfect fit for me. Since my time as a psychology major at Linfield College I have enjoyed helping people in need. I am a frequent volunteer at the Legal Aid Service’s Senior Law Project providing pro bono legal help to seniors. I also enjoy teaching other attorneys to practice elder law. I am a faculty speaker for the Oregon Law Institute and the Multnomah Bar Association on the issues of probate administration and guardianships. I am currently the Treasurer of the Executive Committee for the Elder Law Section of the Oregon State Bar.

I enjoy applying my knowledge and skills to assist my community. I am the second-term President and founding board member of Guardian Partners, a non-profit organization dedicated to eliminating abuse and neglect for our elderly and disabled populations. I was a Co-Editor of the Oregon State Bar’s Elder Law Handbook (2017). Also in 2017, I was awarded the Oregon State Bar President’s Public Service Award for my volunteer service. I am a member of the following organizations: Oregon Women Lawyers (OWLS), Clackamas County Elder Abuse Coordinated Community Response Team, Guardian/Conservator Association of Oregon, and Oregon Working Interdisciplinary Network of Guardianship Stakeholders (WINGS).

Practice Areas
Probate
Probate Administration, Probate Litigation, Will Contests
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Elder Law
Additional Practice Areas
  • Guardianship/Conservatorship
  • Trust Administration
  • Wills
  • Trusts
  • Powers of Attorney
Fees
  • 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
Oregon State Bar
ID Number: 982626
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Languages
  • English: Spoken, Written
Professional Experience
Partner
Fitzwater Law
- Current
Associate Attorney
Scalf & O'Halloran
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Associate attorney in a general practice firm handling probate, guardianship and estate planning cases.
Education
Willamette University College of Law
J.D. (1998) | Law
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Linfield College
B.A. (1992) | Psychology & Spanish
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Awards
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.
Professional Associations
Guardian Partners
Board Member, Immediate Past President
Current
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Guardian/Conservator Association of Oregon
Member
Current
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Oregon Working Interdisciplinary Network of Guardian Stakeholders (WINGS)
Member
Current
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Oregon State Bar Association  # 982626
Member
- Current
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Oregon State Bar Elder Law Section
Immediate Past President
- Current
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Oregon Stare Bar Estate Planning and Administration Section
Member
- Current
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Publications
Articles & Publications
Elder Law Handbook
Oregon State Bar
Speaking Engagements
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.
Certifications
Super Lawyer
Super Lawyers
Websites & Blogs
Website
Fitzwater Law Website
Blog
Fitzwater Law Blog
Legal Answers
235 Questions Answered
Q. My friend is the beneficiary of his sister's estate. The Trustee is not giving him any information. Can he replace her?
A: It's possible that your friend could go to Court to have the Trustee removed. However, the most cost-effective thing is for him to work with the Trustee. It's a very good idea for your friend to hire a probate attorney to review the Trust and advise him of his rights. If the trust is not being followed, that attorney could then speak to the Trustee to find out why they are not following the trust and whether or not the Trustee needs to be removed. It is going to cost your friend some money to get good advice but ultimately it will be worth it.
Q. My mom's will had language that indicates that we don't need to do probate. Do we have to anyway?
A: Please accept my condolences for your mom's passing. Unfortunately, that provision in your mom's Will doesn't avoid the probate process. The person (or company) named as Personal Representative has no authority until they are appointed by the probate Court.

Some assets may not require probate. For example, an IRA or life insurance policy will often have beneficiaries already named by the decedent. But some assets (often a house and/or bank accounts) will require probate to be filed if they are only owned by the decedent.

You should consult with a probate attorney to determine if probate is needed for your mom's estate.
Q. Can some one explain this?
A: To give you an accurate answer an attorney would need a lot more information. However, based on what you have written it sounds like one beneficiary owes the Trust $33,000 and the Trust bank account holds $66,000. Since the Trust is evidently to be split in three equal shares, the beneficiary who owes the Trust $33,000 would get 1/3 of that payment back as a distribution. $66,000 divided by 3 = $22,000. $33,000 divided by 3 = $11,000. Each beneficiary should receive $33,000.
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Contact & Map
6400 SE Lake Rd
Ste. 440
Portland, OR 97015
Telephone: (503) 786-8191