Theressa Hollis

Theressa Hollis

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

I’m a partner with Fitzwater Law and have practiced with this firm for 19 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
  • Estate Planning
  • 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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Willamette University College of Law Logo
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
Oregon State Bar Association # 982626
Member
Current
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Oregon State Bar Elder Law Section
President-Elect
Current
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Guardian Partners
Board 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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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.
Websites & Blogs
Website
Fitzwater Law Website
Blog
Fitzwater Law Blog
Legal Answers
20 Questions Answered

Q. Hi, my name is wing I need help for my next steps
A: It is certainly understandable that you may be confused at this difficult time. Rather than relying on legal advice you may get online, I strongly recommend that you hire an attorney who can review the relevant documents and advise you as to your rights and responsibilities. It sounds like you may be the Trustee of your husband's Trust. If so you have some important duties to perform.
Q. My aunt was the personal representative and the court removed her as the person pr. Is she entitled to the full pr fee?
A: Most likely your Aunt will not receive the full PR fee considering she was removed by the Court. You say she has already received $6,000 for her work but that would be very unusual for a Personal Representative to receive any of the PR fee before the estate has closed. I recommend you hire a probate attorney to assist you and answer your questions.
Q. A court appointment PR is only handling bank funds, and making the family divide personal property, says he'll sell...?
A: If you and your family cannot agree on the division of the decedent's tangible personal property then the Personal Representative will likely sell it and divide the cash. You should send any mail your father has received to the Personal Representative. You do not have to wait for him to ask for it. If you end up with additional questions I recommend you hire your own attorney to give you advice.
Q. Can executor kick me out of home when my boyfriend is beneficiary?
A: I recommend your boyfriend consider consulting with a probate attorney to learn his rights. It's possible that he will need to vacate the home so that it can be sold. However, it is also possible that his attorney can help negotiate a settlement to allow you and your boyfriend to continue living there. If it is a financial strain it may be possible to request a partial distribution from the estate to assist your boyfriend with the expenses of a move. Ultimately, it's smart for your boyfriend to learn what his rights are as a beneficiary of this estate. Good luck!
Q. Wealthy Dad died, no will. wife got all, but gave my siblings money promised,not me. I was estranged, arent i due $
A: It's possible that your father signed a Will or Trust before his death. If not then the intestate law of the state he lived in will control how his estate is distributed. If your father's wife was not also your mother then his probate assets will be divided between his wife and his children. You should consult with a probate attorney for more specific legal advice about your situation. Be aware: Oregon intestate law changed several years back and now the amount a spouse receives when there are stepchildren depends on how many years they have been married.
Q. How do I legally inherit firearms from my grandpa in Oregon? Guns are not subject to NFA. Basic hunting rifles, handgun
A: If your grandfather has passed away a probate or at least a small estate affidavit might be necessary for his estate. I recommend that the person named in his Will as Personal Representative contact a probate attorney. If he did not have a Will then his spouse or his children should contact a probate attorney in the state where your grandfather lived.
Q. can a probate court allow the sale of someones life estate to satisfy medicaid lien ?
A: I strongly encourage you to NOT include personal details or identifying facts on any website. Your specific situation is quite complex and you will benefit from hiring an experienced local probate attorney for legal advice. It is possible that your life estate could be saved but more information would be needed to give you thorough, accurate legal advice.
Q. Mom died 4 children as equal beneficiaries. One son executor. Do the others children have legal access to attorney.
A: In Oregon it's the Personal Representative (Executor in other states) who hires the attorney. That attorney is only able to give legal advice to the PR. Keep in mind that the PR has no authority until he/she is appointed by the Probate Court. If you have questions about the actions of the PR I recommend you hire your own probate attorney.
Q. If my father passed away in Oregon, do I have to use a lawyer in that state?
A: I'm sorry for your loss. It sounds like your father's probate is in Oregon so you need to have an attorney who is licensed in Oregon. However, you get to choose who you hire. If you and your current attorney are not working well together then you have every right to choose someone else to represent you. Also, many (most?) attorneys in Oregon do not require the estate checkbook to be held by the attorney. Nothing in Oregon law requires you to call your attorney before you pay an estate creditor.
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Contact & Map
6400 SE Lake Rd
Ste. 440
Portland, OR 97015
USA
Telephone: (503) 786-8191