Theressa Hollis
Fitzwater Law
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).
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Elder Law
- Guardianship/Conservatorship
- Trust Administration
- Wills
- Trusts
- Powers of Attorney
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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.
- Oregon
- Oregon State Bar
- ID Number: 982626
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- English: Spoken, Written
- 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.
- Willamette University College of Law
- J.D. (1998) | Law
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- Linfield College
- B.A. (1992) | Psychology & Spanish
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- 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.
- 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 Stare Bar Estate Planning and Administration Section
- Member
- - Current
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- Oregon State Bar Elder Law Section
- Immediate Past President
- - Current
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- 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.
- Super Lawyer
- Super Lawyers
2016 Oregon Conference on Aging - Elder Justice
- Q. Do I need to honor a writ of garnishment during probate in Oregon if I received the writ after the statue of limitations
- A: Is the garnishment for one of the probate devisees/heirs? If the answer is "Yes" and you hold money for this person then I think you have to abide by the garnishment. You don't deny a garnishment. If you no longer hold money for this person then you can answer the garnisher with this information and they will need to go after the debtor directly. If you received a garnishment for the deceased person then this is actually a claim against his/her estate. In this case you should consult with a probate attorney about which claims should be paid.
- Q. Is it legal for a conservator to have there name added to the conservatees bank account and upon conservatees death the
- A: Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable (before the Conservatorship)? Or could your mother have named your sister as a beneficiary on the account (again before the Conservatorship)? It's probably a good idea for you to consult with a probate attorney to get the answers to your specific questions.
- Q. Can I filed a small estate affidavit as an heir if I am not inheriting anything listed within the affidavit?
- A: In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a creditor of her estate and then you will have authority to file the small estate affidavit (see ORS 114.505 and 114.515). Be aware that most IRAs have beneficiaries named so be sure to check that first with the company.
