Oregon Probate Settlement Jurisdiction

Summary

In Oregon, probate courts have jurisdiction over probate matters, including settlements, as per ORS 111.095. Disputed settlements can be set aside under ORS 114.395 if not properly executed. Civil courts handle broader disputes. The specific nature of claims determines the appropriate court.

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Yes please. Use the probate court example settlement approved by the probate judge, one party doesn't sign it, what statute defines whether and in in what court A) the non-signing party petitions to have the settlement set aside, or B) the signing party petitions to have the other party found in default, C) potential other courses of action?
To provide more specific information:
- **A) Petition to set aside**: In Oregon probate matters, refer to **ORS *.***. This statute allows for the setting aside of a settlement if it was not properly executed.
- **B) Petition for default**: Refer to **ORS *.*** regarding default judgments in Oregon. This may apply if a party fails to comply with a court-approved settlement.
- **C) Other actions**: Consider consulting **ORS *.*** for additional probate court powers and potential remedies.
Would you like more detailed information on any of these statutes?
Yes please. In this probate example what decides if A) or B) is the appropriate route? For instance, if Party * had a legitimate issue where new information revealed they had not given informed consent to the proposed settlement and therefore doesn't sign it, or if there were a legitimate malpractice issue with the attorney; at the same time Party * has a legitimate desire to enforce the settlement and find Party * in default but they never signed it. What statute stipulates whether the probate court resolves the matter or if a civil court resolves the matter?
In Oregon, whether the probate court or a civil court resolves the matter depends on the specific circumstances and the nature of the dispute. Generally:
- **Probate Court**: Handles issues related to the administration of estates, including disputes over settlements. Refer to **ORS *.*** for probate court’s authority.
- **Civil Court**: Handles broader civil disputes, including enforcement of settlements and malpractice issues.
Understanding the exact nature of the dispute and the parties’ claims will help determine the appropriate court. Do you have more details on the specific claims or issues involved?
Suppose that both A) and B) are both true in the same case. In A) Party * had a pending Motion to Vacate the guardianship/fiduciary appointments of Party *. Attorney * orchestrated the settlement without Party *'s consent, when Party * objected Attorney * coerced Party * into signing a draft version under threat that Attorney * would sabotage or withdraw. Then Party * learns that Attorney * also misrepresented the practical outcome of the proposed settlement, but Attorney * sends a subsequent draft settlement for court approval anyway, and then withdraws. So Party * has legitimate claims that *) their assent was not voluntary, *) they had not given informed consent, *) there is a pending Motion to Vacate that Party * has not withdrawn. In B) Party * used their resources to play the system to their advantage to be appointed guardian/fiduciary of an incapacitated adult. So Party * has legitimate claims that *) Attorney * malpractice issues are not their responsibility, *) the probate court approved the proposed settlement, *) they have signed the settlement and want the civil court to find Party * in default for not signing it.
To better understand your situation, could you clarify if there is currently an active court case regarding the guardianship or fiduciary appointments in Oregon?
Here is some general information that might help:
- **ORS *.***: Probate court authority, including setting aside settlements.
- **ORS *.***: Setting aside settlements not properly executed.
- **ORS *.***: Default judgments in Oregon.
- **ORS *.***: Family law court authority.
Would you like more detailed information on any of these statutes?
Yes, the guardianship/fiduciary case remains open with Party *'s Motion to Vacate open.
Given that the guardianship/fiduciary case is still open with Party *'s Motion to Vacate, you might consider the following general legal points:
- **ORS *.***: Relevant for setting aside a settlement if it was not properly executed.
- **ORS *.***: Pertains to default judgments in Oregon if a party fails to comply with a court-approved settlement.
- **ORS *.***: Defines probate court powers, which may include resolving disputes over settlements.
It may be beneficial to seek legal advice for a more tailored approach.
ORS *.* pertains to “Judgment” as means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. In this scenario, if the case is open and Party *'s Motion to Vacate is open, what statute determines if the unsigned/disputed settlement the concluding decision?
To determine if an unsigned or disputed settlement is the concluding decision when the case is open and Party *'s Motion to Vacate is pending, consider the following Oregon statutes:
- **ORS *.***: Allows for the setting aside of a settlement if not properly executed.
- **ORS *.***: Probate court authority, which may include resolving disputes over settlements.
Would you like more details on these statutes?
Yes please. In this scenario ORS *.* gives the probate court jurisdiction over all probate matters including settlements, and you indicated ORS *.* gives any circuit court division jurisdiction over a settlement. Is there a statute that general civil courts should defer to probate courts for probate matters (or family courts for family matters). That is to say, is the defining factor "probate" or "settlement"?
To clarify the jurisdiction between probate and civil courts in Oregon:
- **ORS *.***: Grants probate courts jurisdiction over probate matters, including settlements.
- **ORS *.***: Pertains to setting aside improperly executed probate settlements.
- **ORS *.***: Addresses default judgments in civil courts.
Generally, probate courts handle probate matters. For mixed issues, the specific claims and context will determine the appropriate court.
Would you like more details on the jurisdiction or specific statutes?
Yes please. For this mixed issue with the specific claims and context provided, what determines the appropriate court?
In Oregon, the determination of the appropriate court for mixed issues involving both probate and civil matters depends on the specific nature of the claims:
- **Probate Court**: Handles issues directly related to the administration of estates and probate matters (ORS *.*).
- **Civil Court**: Handles broader civil disputes, including enforcement of settlements and malpractice issues (ORS *.*).
Given the mixed nature of the claims you described, the probate court will generally have jurisdiction over matters directly related to probate, such as the Motion to Vacate and issues of informed consent in the probate context. However, civil courts may handle broader civil disputes, such as malpractice claims.
Would you like more detailed information on any specific statute or situation?
Yes please. In this instance the issue at hand is the jurisdiction over the settlement. Ignore the malpractice claim which can be addressed separately at a later date -- The matter of informed consent is relevant regardless of the reason/source of misinformation.
To clarify the jurisdiction over a settlement in Oregon probate matters, considering the issue of informed consent:
- **ORS *.***: Grants probate courts jurisdiction over probate matters, including disputes over settlements.
- **ORS *.***: Allows for setting aside settlements if not properly executed.
Would you like more detailed information on these statutes?