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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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
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
247 Questions Answered
Q. How to update will and add husband to house title in Oregon?
A: When you married your Will was automatically revoked so it is very important that you consult with your estate planning attorney to update your documents. When someone has a revocable living trust they also have a Will (we call it a Pourover Will) that directs all probate assets back into the trust. You should consult with your estate planning attorney before you make any change to the title of your house. There are multiple ways for spouses to own property in Oregon so your attorney will help you with this.
Q. How to reverse unauthorized house sale by power of attorney sister?
A: If the house sale happened five years ago it's unlikely you will be able to undo it. However, your grandmother could 1) revoke her Power of Attorney to her sister (be sure she informs sister of the revocation), 2) ask for Adult Protective Services to start an investigation into possible elder financial abuse, and/or 3) hire a probate litigator in Oregon to determine if a civil elder financial abuse case is appropriate.
Q. How to find out if I'm in my father's will after his death in Tillamook, Oregon?
A: Unfortunately, there is no place that Oregon Wills are kept. If a probate had been filed then you would have found those records at the courthouse. It sounds like your father was married when he passed. It's possible that he did not own any probate assets because all of his assets were held jointly with his wife. In that case, even if you were included as a devisee in his Will, you would not receive anything because the Will only controls assets that are in the Decedent's name alone. It is also possible that your father signed a Revocable Living Trust and transferred his assets into the Trust. This type of Trust avoids probate. If the Trust said that all of the assets go to your stepmother, then you would not receive anything.

It is possible to hire an attorney to write a letter to your stepmother demanding a copy of your father's Will or Trust. However, your stepmother may not be required to respond.
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Contact & Map
6400 SE Lake Rd
Ste. 440
Portland, OR 97015
US
Telephone: (503) 786-8191