(2) A person who receives payment, property, or other benefit to which the person is not entitled by reason of the survivorship rules established under ORS 112.570 to 112.590 must return the payment, property or other benefit if:
(a) The person was aware of a claim to the payment, property or other benefit under the survivorship rules established under ORS 112.570 to 112.590 at the time the purchase, payment or delivery was made; or
(b) The person received the payment, property or other benefit for no value.
(3) A person who receives any payment, property or other benefit to which the person is not entitled because any part of ORS 112.570 to 112.590 is preempted by federal law must return the payment, property or other benefit if the person received the payment, property or other benefit for no value.
(4) Any person who is required to return any payment, property or other benefit under this section and who does not return the payment, property or other benefit is personally liable to a person with a right to the property under the survivorship rules established under ORS 112.570 to 112.590 or with a right to the property by reason of federal preemption of all or part of the survivorship rules. [1999 c.131 §8]
Note: See note under 112.570.
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 112 - Intestate Succession and Wills
Section 112.015 - Net intestate estate; effect of exclusion by will.
Section 112.025 - Share of surviving spouse if decedent leaves descendants.
Section 112.045 - Share of others than surviving spouse.
Section 112.049 - Petition for forfeiture of parent’s share.
Section 112.058 - Preferences and presumptions in escheat proceedings.
Section 112.065 - Passage by representation.
Section 112.105 - Succession where parents not married.
Section 112.135 - When gift is an advancement; valuation of advancement.
Section 112.145 - Effect of advancement on distribution.
Section 112.175 - Adopted persons.
Section 112.232 - Uniform International Wills Act.
Section 112.235 - Execution of a will.
Section 112.255 - Validity of execution of a will; incorporation by reference.
Section 112.265 - Testamentary additions to trusts.
Section 112.272 - In terrorem clauses valid and enforceable; exceptions.
Section 112.285 - Express revocation or alteration; partial revocation not valid.
Section 112.305 - Revocation by marriage; exceptions.
Section 112.385 - Nonademption of specific devises in certain cases.
Section 112.400 - Effect of failure of devise.
Section 112.455 - Definitions for ORS 112.455 to 112.555.
Section 112.465 - Slayer or abuser considered to predecease decedent.
Section 112.475 - Jointly owned property.
Section 112.495 - Reversions, vested remainders, contingent remainders and future interests.
Section 112.505 - Property appointed; powers of revocation or appointment.
Section 112.515 - Proceeds of insurance on life and other benefit plans of decedent.
Section 112.525 - Proceeds of insurance on life of slayer or abuser.
Section 112.555 - Final judgment as conclusive; evidence of felonious and intentional killing.
Section 112.570 - Definitions for ORS 112.570 to 112.590.
Section 112.572 - Requirement of survival.
Section 112.578 - Construction of survivorship provisions in governing instruments.
Section 112.580 - Co-owners with right of survivorship; requirement of survival.
Section 112.582 - Evidence of death or status.
Section 112.588 - Protection of payors and other third parties.
Section 112.590 - Protection of bona fide purchasers; personal liability of recipient.
Section 112.715 - Application to certain property.
Section 112.725 - Rebuttable presumptions.
Section 112.765 - Rights of purchaser.
Section 112.775 - Application and construction.
Section 112.800 - Definition for ORS 112.800 to 112.830.
Section 112.805 - Exclusive manner of disposing of wills; destroyed will not revoked.
Section 112.810 - Duties of custodian of will.
Section 112.815 - Conditions for disposal of will.
Section 112.820 - Procedure for destruction of will; affidavit.