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. Requirements for a valid personal will in Oregon, including notarization and signature rules.
- A: ORS 112.225 requires the testator signing a Will to be over age 18 and of "sound mind."
According to Oregon law (ORS 112.235) a valid Will must be 1) signed by the testator in the presence of two witnesses or acknowledged by the testator before two witnesses, and 2) signed by the witnesses. Notarization is not required for a valid Will in Oregon. However, at least one of the witnesses can sign an Affidavit of Attesting Witness document in the presence of a notary. The purpose of the Affidavit is to avoid any witnesses having to testify in Court during the probate of the Will. This Affidavit can be signed after the testator's death.
Oregon also has a law (ORS 112.238) ... Read More
- Q. How to update will and add husband to house title in Oregon?
- A: When you married your Will was automatically revoked so it is very important that you consult with your estate planning attorney to update your documents. When someone has a revocable living trust they also have a Will (we call it a Pourover Will) that directs all probate assets back into the trust. You should consult with your estate planning attorney before you make any change to the title of your house. There are multiple ways for spouses to own property in Oregon so your attorney will help you with this.
- Q. How to reverse unauthorized house sale by power of attorney sister?
- A: If the house sale happened five years ago it's unlikely you will be able to undo it. However, your grandmother could 1) revoke her Power of Attorney to her sister (be sure she informs sister of the revocation), 2) ask for Adult Protective Services to start an investigation into possible elder financial abuse, and/or 3) hire a probate litigator in Oregon to determine if a civil elder financial abuse case is appropriate.
