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).
- Willamette University College of Law
- J.D. (1998) | Law
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- Linfield College
- B.A. (1992) | Psychology & Spanish
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- Partner
- Fitzwater Law
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- Associate Attorney
- Scalf & O'Halloran
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- Associate attorney in a general practice firm handling probate, guardianship and estate planning cases.
- 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
- 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
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- Guardian/Conservator Association of Oregon
- Member
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- Oregon Working Interdisciplinary Network of Guardian Stakeholders (WINGS)
- Member
- Current
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- Oregon State Bar Association # 982626
- Member
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- Oregon Stare Bar Estate Planning and Administration Section
- Member
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- Oregon State Bar Elder Law Section
- Immediate Past President
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- Oregon
- Oregon State Bar
- ID Number: 982626
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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.
- 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
- English: Spoken, Written
- Q. -My husband passed away on June 29th. He was an independent contractor with a communication company here in Oregon.
- A: I'm very sorry for your loss. Your instinct to view the contract is a good one. I can't imagine that their "internal decision" will control what happens with the remainder of the contract payments. You may need to file a probate to collect the remainder of the contract. I recommend you hire a probate attorney with experience with businesses.
- Q. My wife passed away this month. Do I need to go through probate if we have joint accounts in the banks.
- A: I am sorry for your loss. If she had named a beneficiary on her IRA and all of her other accounts were joint with you then you should not need a probate (assuming she didn't own any property in her name alone). Wait a couple of months after her death and then you can present her Death Certificate to the banks to remove her name. You will need to fill out forms and send her Death Certificate to collect the IRA. Hold onto her original Will.
If she had not named a beneficiary on her IRA (which is rare) you may end up needing a probate.
- Q. Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?
- A: No. Not unless the second property's legal description was on the first Deed (which is unusual). Most of the time each property has its own Deed.
2016 Oregon Conference on Aging - Elder Justice