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GIVAN v. STATE EX REL. DHS

A159314.

410 P.3d 311 (2017)

289 Or. App. 125

In the Matter of the Estate of Lelah A. Nelson, Deceased. Cassandra GIVAN and Richard Lariviere, Jr., Claiming Successors-Appellants, v. STATE of Oregon, acting BY AND THROUGH DEPARTMENT OF HUMAN SERVICES; Evelyn Wilson; and Clifford Nelson, Personal Representative of the Estate of Lelah A. Nelson, Deceased, Claiming Successors-Respondents.

Court of Appeals of Oregon.

November 29, 2017.

Attorney(s) appearing for the Case

Stanley D. Gish , Portland, argued the cause and filed the brief for appellants.

Keith L. Kutler , Assistant Attorney General, Salem, argued the cause for respondent State of Oregon. With him on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

No appearance for respondent Evelyn Wilson.

No appearance for respondent Clifford Nelson.

Before Tookey, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

This appeal pertains to the estate of Lelah Nelson. Givan and LaRiviere are grandchildren of the decedent and claimants against her estate. Their claims were allowed in a small estate proceeding. That proceeding was later converted to full probate, after which the probate court disallowed Givan's claim, gave nonpriority status to a portion...

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