(a) The parent of the transferor willfully deserted the transferor for the one-year period immediately preceding the date on which the transferor became an adult; or
(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the one-year period immediately preceding the date on which the transferor became an adult.
(2) Property that would pass by transfer on death deed under ORS 93.948 to 93.979 from a deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is not a child or sibling of the transferor, the transferor was an adult when the transferor died and:
(a) The parent of the transferor willfully deserted the transferor for the three-year period immediately preceding the date on which the transferor became an adult; or
(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the three-year period immediately preceding the date on which the transferor became an adult.
(3) Property that would pass by transfer on death deed under ORS 93.948 to 93.979 from the deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is a child or sibling of the transferor, the transferor was a minor when the transferor died and:
(a) The parent of the transferor willfully deserted the transferor for the life of the transferor or for the one-year period immediately preceding the date on which the transferor died; or
(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the life of the transferor or for the one-year period immediately preceding the date on which the transferor died.
(4) Property that would pass by transfer on death deed under ORS 93.948 to 93.979 from the deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is not a child or sibling of the transferor, the transferor was a minor when the transferor died and:
(a) The parent of the transferor willfully deserted the transferor for the life of the transferor or for the three-year period immediately preceding the date on which the transferor died; or
(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the transferor for the life of the transferor or for the three-year period immediately preceding the date on which the transferor died.
(5) For the purposes of subsections (1) to (4) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent willfully deserted the deceased transferor or neglected without just and sufficient cause to provide proper care and maintenance for the transferor.
(6) For the purposes of subsections (1) to (4) of this section, in determining whether the parent willfully deserted the deceased transferor or neglected without just and sufficient cause to provide proper care and maintenance for the deceased transferor, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the transferor and the parent whose transfer would be forfeited under this section.
(7) The transfer of property, as defined in ORS 93.949, to a parent of a deceased transferor may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 93.985. A petition filed under ORS 113.035 may not request the forfeiture of a transfer by a transfer on death deed of a parent of a deceased transferor under this section. [2011 c.212 §20; 2019 c.461 §6]
Note: See note under 93.948.