Theressa Hollis

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

1996 - 1998

Linfield College

B.A. (1992) | Psychology & Spanish

1988 - 1992

Partner

Fitzwater Law

2000 - Current

Associate Attorney

Scalf & O'Halloran

1998 - 2000

Associate attorney in a general practice firm handling probate, guardianship and estate planning cases.

Elder Law Handbook

Oregon State Bar

April 27, 2017

Health Ed 2019, Portland, Oregon

May 31, 2019

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

2021

President's Public Service Award

Oregon State Bar Association

2017

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

Current

Guardian/Conservator Association of Oregon

Member

Current

Oregon Working Interdisciplinary Network of Guardian Stakeholders (WINGS)

Member

Current

Oregon State Bar Association  # 982626

Member

1998 - Current

Oregon Stare Bar Estate Planning and Administration Section

Member

1998 - Current

Oregon

Oregon State Bar

ID Number: 982626

Since 1998

• 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

Q. I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

June 24, 2022

A: You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor this document and allow you to open an estate account but they often do not. Try a smaller local credit union or bank. If you cannot find a financial institution that will open an account you may be stuck filing a full probate.

Q. If an investment account has the estate of the owner as the TOD beneficiary, will probate be avoided?

May 26, 2022

A: No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance. If you wish to avoid probate you can name your beneficiaries directly with the company. However, keep in mind that you should not name a minor (under 18) and you should consult with an experienced estate planning attorney before you name a disabled beneficiary.

Q. My bother passed away in Boston Mass. I talked with the funeral home and they said his wife makes the choices on the

May 25, 2022

A: I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give clear directions and your brother has no adult children then it's possible that the funeral home may take instructions from you.