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).
- 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
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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.
- Oregon
- Oregon State Bar
- ID Number: 982626
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- English: Spoken, Written
- Partner
- Fitzwater Law
- - Current
- Associate Attorney
- Scalf & O'Halloran
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- Associate attorney in a general practice firm handling probate, guardianship and estate planning cases.
- Willamette University College of Law
- J.D. (1998) | Law
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- Linfield College
- B.A. (1992) | Psychology & Spanish
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- 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
- Current
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- Guardian/Conservator Association of Oregon
- Member
- Current
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- Oregon Working Interdisciplinary Network of Guardian Stakeholders (WINGS)
- Member
- Current
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- Oregon State Bar Association # 982626
- Member
- - Current
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- Oregon State Bar Elder Law Section
- Immediate Past President
- - Current
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- Oregon Stare Bar Estate Planning and Administration Section
- Member
- - Current
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- 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
2016 Oregon Conference on Aging - Elder Justice
- Q. Under what circumstances is it legal for a court to disallow conversations between two people?
- A: In Oregon, when a Guardian has been appointed for an incapacitated adult (protected person) the Guardian may limit association between the protected person and another person "To the extent the guardian determines necessary to avoid unreasonable harm to the protected person’s health, safety or well-being." ORS 125.323 If an adult has no Guardian appointed for them by the Court then no one may limit who they talk to or what they talk about.
- Q. My friend is the beneficiary of his sister's estate. The Trustee is not giving him any information. Can he replace her?
- A: It's possible that your friend could go to Court to have the Trustee removed. However, the most cost-effective thing is for him to work with the Trustee. It's a very good idea for your friend to hire a probate attorney to review the Trust and advise him of his rights. If the trust is not being followed, that attorney could then speak to the Trustee to find out why they are not following the trust and whether or not the Trustee needs to be removed. It is going to cost your friend some money to get good advice but ultimately it will be worth it.
- Q. My mom's will had language that indicates that we don't need to do probate. Do we have to anyway?
- A: Please accept my condolences for your mom's passing. Unfortunately, that provision in your mom's Will doesn't avoid the probate process. The person (or company) named as Personal Representative has no authority until they are appointed by the probate Court.
Some assets may not require probate. For example, an IRA or life insurance policy will often have beneficiaries already named by the decedent. But some assets (often a house and/or bank accounts) will require probate to be filed if they are only owned by the decedent.
You should consult with a probate attorney to determine if probate is needed for your mom's estate.
