Current through Register Vol. 61, No. 4, April 1, 2022
(1) Effective July 18, 1995, The Legal Title
to or other Interest of a Person in Real or Personal Property or other Assets
shall be presumed to be that set forth in any Ownership Documents. The
presumption raised by such Ownership Documents may be rebutted by Convincing
Evidence that accurately reflects a Person's Legal Title to, ownership of or
Interest in the Real or Personal Property or other Asset. However, the
department shall not consider property or assets in which the decedent held
only bare legal title in the capacity as a trustee with no beneficial,
equitable, reversionary or other ownership Interest in the property or assets,
as property or assets in which the decedent had an Interest or held Legal
(2) The form of Interest
created by the Ownership Documents shall be governed by the law in effect at
the Time of Death of the jurisdiction in which the Real or Personal Property or
other Assets are located.
Or. Admin. R.
AFS 29-1996, f. & cert.
Stat. Auth.: ORS
Stats. Implemented: ORS