124.110. ����� (3) �Slayer� means a person who: ����� (a) With felonious intent, takes or procures the taking of a person�s life; ����� (b) Is found guilty except for insanity of taking a person�s

124.110.

����� (3) �Slayer� means a person who:

����� (a) With felonious intent, takes or procures the taking of a person�s life;

����� (b) Is found guilty except for insanity of taking a person�s life; or

����� (c) Is found responsible except for insanity of taking a person�s life. [1969 c.591 �58; 2005 c.270 �1; 2021 c.81 �1]

����� 112.457 Application to abuser. ORS 112.455 to 112.555 apply to an abuser only if the decedent dies within five years after the abuser is convicted of a felony by reason of conduct that constitutes physical abuse of the decedent, as described in ORS 124.105, or financial abuse of the decedent, as described in ORS 124.110. [2005 c.671 �7]

����� 112.465 Slayer or abuser considered to predecease decedent. (1) Property that would have passed by reason of the death of a decedent to a person who was a slayer or an abuser of the decedent, whether by intestate succession, by will, by transfer on death deed, by trust, or otherwise, passes on death and vests as if the slayer or abuser had predeceased the decedent.

����� (2) Property that would have passed by reason of the death of an heir or devisee of a decedent to a person who was the slayer or abuser of the decedent, whether by intestate succession, by will, by transfer on death deed or by trust, passes and vests as if the slayer or abuser had predeceased the decedent unless the heir or devisee specifically provides otherwise in a will or other instrument executed after the death of the decedent. [1969 c.591 �59; 2005 c.270 �2; 2005 c.535 �1a; 2011 c.212 �26; 2015 c.387 �22]

����� 112.475 Jointly owned property. (1) If a slayer of a decedent and the decedent, or an abuser of a decedent and the decedent, owned property as tenants by the entirety or with a right of survivorship, upon the death of the decedent, there exist two undivided equal interests in the property. One share passes to and is vested in the heirs or devisees of the decedent, and the other share passes to and is vested in the slayer or abuser.

����� (2) If a slayer of a decedent, the decedent and one or more other persons owned property with a right of survivorship, or if an abuser of a decedent, the decedent and one or more other persons owned property with a right of survivorship, upon the death of the decedent, the interest of the slayer or abuser remains as an undivided interest in the slayer or abuser for the lifetime of the slayer or abuser and subject to that interest, the property passes to and is vested in the other surviving owner or owners. [1969 c.591 �60; 2005 c.270 �3; 2015 c.387 �23]

����� 112.485 [1969 c.591 �61; 2005 c.270 �4; repealed by 2015 c.387 �1]

����� 112.495 Reversions, vested remainders, contingent remainders and future interests. (1) Property in which a slayer of a decedent, or an abuser of a decedent, owns a reversion or vested remainder subject to an estate for the lifetime of the decedent passes to the heirs or devisees of the decedent for a period of time equal to the normal life expectancy of a person of the sex and age of the decedent at the time of death. If the particular estate is owned by a third person for the lifetime of the decedent, the estate continues in the third person for a period of time equal to the normal life expectancy of a person of the sex and age of the decedent at the time of death.

����� (2) As to a contingent remainder or executory or other future interest owned by a slayer of a decedent or an abuser of a decedent that becomes vested in the slayer or abuser or increased in any way for the slayer or abuser upon the death of the decedent:

����� (a) If the interest would not have increased or become vested if the slayer or abuser had predeceased the decedent, the slayer or abuser is considered to have predeceased the decedent; and

����� (b) In any case, the interest shall not be so vested or increased during a period of time equal to the normal life expectancy of a person of the sex and age of the decedent at the time of death. [1969 c.591 �62; 2005 c.270 �5]

����� 112.505 Property appointed; powers of revocation or appointment. (1) Property appointed by the will of the decedent to or for the benefit of a slayer of a decedent or an abuser of a decedent is distributed as if the slayer or abuser had predeceased the decedent.

����� (2) Property owned either presently or in remainder by a slayer of a decedent or an abuser of a decedent, subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment, passes to and is vested in the heirs or devisees of the decedent other than the slayer or abuser. Property so owned by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons, passes to the person or persons or in equal shares to the members of the class of persons to the exclusion of the slayer or abuser. [1969 c.591 �63; 2005 c.270 �6]

����� 112.515 Proceeds of insurance on life and other benefit plans of decedent. (1) Except as provided under subsection (2) of this section, proceeds payable under any of the following instruments to or for the benefit of a slayer of a decedent or an abuser of a decedent, as beneficiary or assignee of the decedent or as beneficiary or assignee of an heir or devisee of the decedent, must be paid to the secondary beneficiary or, if there is no secondary beneficiary, to the personal representative of the estate of the decedent or the decedent�s heir or devisee:

����� (a) A policy or certificate of insurance on the life of the decedent.

����� (b) A certificate of membership in any benevolent association or organization on the life of the decedent.

����� (c) Rights of the decedent as survivor of a joint life policy.

����� (d) Proceeds under any pension, profit-sharing or other plan.

����� (2) Proceeds payable under any of the instruments specified in subsection (1) of this section to or for the benefit of a slayer of a decedent or an abuser of a decedent as beneficiary or assignee of an heir or devisee of the decedent shall be paid to the slayer or abuser if the heir or devisee specifically provides for that payment by written instrument executed after the death of the decedent. [1969 c.591 �64; 2005 c.270 �7; 2005 c.535 �2a]

����� 112.525 Proceeds of insurance on life of slayer or abuser. If a decedent is beneficiary or assignee of any policy or certificate of insurance on the life of a slayer of the decedent or an abuser of the decedent, the proceeds shall be paid to the personal representative of the decedent�s estate unless:

����� (1) The policy or certificate names some person other than the slayer or abuser, or the personal representative of the slayer or abuser, as the secondary beneficiary.

����� (2) The slayer or abuser, by naming a new beneficiary or assignee, performs an act which would have deprived the decedent of the interest of the decedent if the decedent had been living. [1969 c.591 �65; 2005 c.270 �8]

����� 112.535 Payment by insurance company, financial institution, trustee or obligor; no liability. Any insurance company making payment according to the terms of its policy, or any financial institution, trustee or other person performing an obligation to a slayer of a decedent or an abuser of a decedent is not subject to liability because of ORS 112.455 to 112.555 if the payment or performance is made without written notice by a claimant of a claim arising under those sections. Upon receipt of written notice the person to whom it is directed may withhold any disposition of the property pending determination of the duties of the person. [1969 c.591 �66; 1997 c.631 �403; 2005 c.270 �9; 2015 c.387 �24]

����� 112.545 Rights of persons without notice dealing with slayer or abuser. ORS 112.455 to 112.555 do not affect the rights of any person who for value and without notice purchases or agrees to purchase property that a slayer of a decedent or an abuser of a decedent would have acquired except for ORS 112.455 to 112.555, but all proceeds received by the slayer or abuser from the sale shall be held by the slayer or abuser in trust for the persons entitled to the property as provided in ORS 112.455 to 112.555. The slayer or abuser is liable for any portion of the proceeds of the sale that the slayer or abuser spends and for the difference, if any, between the amount received from the sale and the actual value of the property. [1969 c.591 �67; 2005 c.270 �10]

����� 112.555 Final judgment as conclusive; evidence of felonious and intentional killing. (1) After any right to appeal has been exhausted, a final judgment of conviction of felonious and intentional killing is conclusive for purposes of ORS 112.455 to 112.555. In the absence of a conviction of felonious and intentional killing the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of ORS 112.455 to 112.555.

����� (2) After any right to appeal has been exhausted, a final judgment finding a defendant guilty except for insanity under ORS 161.295 or a final order finding a youth responsible except for insanity under ORS 419C.411 is conclusive for purposes of ORS 112.455 to 112.555. [1969 c.591 �68; 1973 c.506 �18; 2015 c.387 �25; 2021 c.81 �2]

UNIFORM SIMULTANEOUS DEATH ACT

����� 112.570 Definitions for ORS 112.570 to 112.590. As used in ORS 112.570 to 112.590:

����� (1) �Co-owners with right of survivorship� means joint tenants, tenants by the entirety and any other co-owners of property or accounts that are held in a manner that entitles one or more of the owners to ownership of the whole of the property or account upon the death of one or more of the other owners.

����� (2) �Governing instrument� means:

����� (a) A deed;

����� (b) A will;

����� (c) A transfer on death deed under ORS 93.948 to 93.979;

����� (d) A trust;

����� (e) An insurance or annuity policy account with a payable-on-death designation;

����� (f) A pension, profit-sharing, retirement or similar benefit plan;

����� (g) An instrument creating or exercising a power of appointment or a power of attorney; or

����� (h) Any other dispositive, appointive or nominative instrument of a type similar to those instruments specified in this subsection.

����� (3) �Payor� means a trustee, insurer, employer, governmental agency, political subdivision or any other person authorized or obligated by law or by a governing instrument to make payments. [1999 c.131 �1; 2011 c.212 �27]

����� Note: 112.570 to 112.590 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 112 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 112.572 Requirement of survival. Except as provided in ORS 112.586, if the title to property, the devolution of property, the right to elect an interest in property or the right to exempt property depends upon whether a specified person survives the death of another person, the specified person shall be deemed to have died before the other person unless it is established by clear and convincing evidence that the specified person survived the other person by at least 120 hours. [1999 c.131 �2]

����� Note: See note under 112.570.

����� 112.575 [Formerly 112.010; repealed by 1999 c.131 �11]

����� 112.578 Construction of survivorship provisions in governing instruments. Except as provided in ORS 112.586, if a governing instrument contains a provision the operation of which is conditioned on whether a specified person survives the death of another person or survives another event, the specified person shall be deemed to have died before the other person or before the other event unless it is established by clear and convincing evidence that the specified person survived the other person or event by at least 120 hours. [1999 c.131 �3]

����� Note: See note under 112.570.

����� 112.580 Co-owners with right of survivorship; requirement of survival. (1) Except as provided in ORS