Neal v. Neal

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Trusts and Estates
  • Date Filed: 06-15-2022
  • Case #: A176226
  • Judge(s)/Court Below: PER CURIAM Powers, P.J.; Hellman, J.; & Nakamoto, S.J.
  • Full Text Opinion

To prevail on an appeal motion to reopen a probate estate, the petitioner must offer arguments addressing a lower court’s abuse of discretion in the matter.  Neal v. Neal, 320 Or App 398 (2022).

Petitioner, decedent’s wife, appealed an order denying her motion to reopen decedent’s estate and reappoint her as personal representative.  Respondent, the decedent's daughter-in-law, opposed the motion.  On appeal, petitioner presented several arguments regarding the dismissal of the original probate case, but did not address any arguments regarding how the trial court abused its discretion in denying the motion to reopen probate proceedings.  To prevail on an appeal motion to reopen a probate estate, the petitioner must offer arguments addressing a lower court’s abuse of discretion in the matter.  Neal v. Neal, 320 Or App 398 (2022).  The Court found that the petitioner did not identify any reversible error on appeal.  Accordingly, the Court denied petitioner's appeal.  Affirmed.

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