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.
62 Questions Answered
- Q. How do I file a claim against an estate as a creditor , when they require a death cert that I can't get.
- A: I assume you are trying to file a Small Estate Affidavit. You can do this as a creditor but you will need to order the decedent's Death Certificate. You can do so directly from the county or try this website: https://www.vitalchek.com/death-certificates You would only file a Small Estate Affidavit if you knew of a probate asset that fit the legal criteria (personal property less than $75,000 and/or real property less than $200,000).
- Q. My boyfriend died intestate and his kids dug a hole and buried him in the yard, can I be appt'd pr w/o their permission?
- A: Oregon law does actually allow a person to bury a family member on their property if certain requirements have been met. A small estate would be required if your boyfriend owned assets in his name alone at his death and those assets totaled less than $75,000 of personal property and/or $200,000 of real property. Since your boyfriend did not have a Will you really have no authority over his estate unless you are an immediate family member. I doubt any probate court would appoint you as Personal Representative without notice to his children.
- Q. If there is no will and I was a friend of the deceased can I be executor and a creditor to the estate ,
- A: A creditor can be appointed Personal Representative but they would first have to send notice to the people who have priority according to Oregon law. Usually this is the immediate family. An experienced probate attorney can help you with this.
Contact & Map