Petition for forfeiture

(1) A petition may be filed in probate proceedings to assert that the interest in damages distributable to a parent or stepparent under ORS 30.030 to 30.060 is subject to forfeiture under ORS 30.063. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s or stepparent’s distribution. (2) A petition under this section must be filed not later than: (a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or (b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative: (A) Four months after the date of publication of notice to interested persons; or (B) If notice to interested persons was not published, one year after the decedent’s date of death. (3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by: (a) If the petitioner is a child or sibling of the decedent, a preponderance of evidence; or (b) If the petitioner is not a child or sibling of the decedent, clear and convincing evidence.