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TYLER ON BEHALF OF BUTLER v. WHETZEL

A161519.

457 P.3d 338 (2019)

301 Or. App. 504

Monique TYLER, ON BEHALF OF Audrey B. BUTLER, a vulnerable person, and Monique Tyler, in her personal capacity, Plaintiff-Appellant, v. Stanley W. WHETZEL, Jr., an individual; John K. Gordinier, an individual; and Mary Ellen Page Farr, an individual, Defendants-Respondents.

Court of Appeals of Oregon.

December 18, 2019.

Attorney(s) appearing for the Case

Andrew T. Reilly , Portland, argued the cause for appellant. Also on the briefs was Stillwater Law Group LLC.

Wendy M. Margolis , Portland, argued the cause for respondents. Also on the joint answering brief were Cosgrave Vergeer Kester LLP, Deanna Wray , Vickie M. Smith , and Bodyfelt Mount LLP, and George S. Pitcher and Lewis Brosbois Bisgaard & Smith LLP.

Before Powers, Presiding Judge, and Egan, Chief Judge, and Brewer, Senior Judge.

This case presents the question whether a trustee of a vulnerable person's revocable trust is the real party in interest to continue an action under ORS 124.100 (2013)1 for financial abuse of the vulnerable person after the vulnerable person's death. For the reasons discussed below, we conclude that, upon...

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