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Oregon Motion and Order to Transfer Funds and Close Conservatorship

State:
Oregon
Control #:
OR-8855R
Format:
Word; 
Rich Text
Instant download

Description

This is a sample Oregon court form for use in cases involving settlements with minors, a Motion and Order to Transfer Funds and Close Conservatorship. Available in Word format.

Definition and meaning

The Oregon Motion and Order to Transfer Funds and Close Conservatorship is a legal document used in probate court to facilitate the transfer of conservatorship funds to a Uniform Transfers to Minors Act (UTMA) account. This motion is typically filed by a parent or guardian on behalf of a minor, allowing the parent to manage and transfer funds until the child reaches adulthood.

How to complete a form

To complete the Oregon Motion and Order to Transfer Funds and Close Conservatorship, follow these steps:

  • Gather all necessary information about the conservatorship and the financial institution.
  • Clearly state the value of the assets in the conservatorship.
  • Identify the UTMA account and financial institution where the funds will be transferred.
  • Include the child's age and date of birth, noting that funds will be restricted until they reach the age of 18.
  • Review the motion for accuracy and completeness, ensuring all required signatures are present.

Who should use this form

This form is intended for parents or guardians who are managing a conservatorship for a minor. If you are the conservator of a minor's assets and you wish to transfer these funds to a UTMA account while closing the conservatorship, this form will be necessary.

Key components of the form

Key components of the Oregon Motion and Order to Transfer Funds and Close Conservatorship include:

  • The identification of the conservatorship, minor, and case number.
  • The current value of the conservatorship funds.
  • Details regarding the UTMA account, including its restrictions.
  • A request for the court to authorize the transfer of funds and closure of the conservatorship.

Legal use and context

The Oregon Motion and Order to Transfer Funds and Close Conservatorship is used within the probate court system to legally transfer funds for minors. This form ensures that the assets are safeguarded until the minor is of legal age, minimizing potential mismanagement or access to funds that could endanger their financial security.

Benefits of using this form online

Using the Oregon Motion and Order to Transfer Funds and Close Conservatorship form online provides several advantages:

  • Convenience and accessibility from any location.
  • Immediate availability to fill out and download the form.
  • Reduced chances of errors with guided instructions and templates.

Common mistakes to avoid when using this form

When filling out the Oregon Motion and Order to Transfer Funds and Close Conservatorship, avoid these common mistakes:

  • Failing to accurately list the current value of the conservatorship assets.
  • Not providing complete and correct information about the UTMA account.
  • Omitting signatures from necessary parties, which can delay the motion's approval.
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FAQ

Someoneusually a family memberfiles a petition with the court to become the conservator for an individual. The petition will state that the individual in question is unable to manage his or her income and property without assistanceand without management assets will be wasted or dissipated.

How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.

How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.

The out-of-pocket costs to begin a guardianship in Oregon are the filing fee, which is $124 (in 2019); the fee for the court visitor, which varies by county but is generally between $300 and $600; and the expenses for having the respondent personally served, getting certified copies from the court, etc., which are

When a guardian is no longer willing or able to fulfill the duties of a guardian, they must contact or petition the Court to request a hearing for the Court to terminate the guardianship.

You Need the Attorney to File a Petition For Conservatorship. During the application process for the conservatorship, someone must file a petition for conservatorship with the court clerk.When you hire a conservatorship lawyer, they can file the petition for conservatorship for you.

Conservator fees range from $50 an hour to $135 an hour or more. Trustee and other professional asset manager fees for high-value estates typically run from 1 to 1.5% of the asset value annually.

A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.

File a Petition For Conservatorship with the court: File a Confidential Supplemental Information Form: File a Confidential Conservatorship Screening Form: File a Duties of Conservator Form: Serve Notice on the Conservatee: Provide Notice to the Conservatee's Relatives:

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Oregon Motion and Order to Transfer Funds and Close Conservatorship