_________________________________
`9/1/2023 1:21 PM
`23PB07918
`
`_______
`
`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`
`FOR THE COUNTY OF LANE
`
`STEPHEN J. CHENEY, Deceased
`
`IN THE MATTER OF THE SMALL ESTATE ) Case No.
`)
`OF
`) AFFIDAVIT OF CLAIMING
`)
`SUCCESSOR OF SMALL
`)
`)
`)
`) ORS 21.145(4); ORS 114.515(5)
`
`STATE OF OREGON
`
`County of Lane
`
`TESTATE ESTATE
`
`Filing Fee: $124.00
`
`NOTICE OF DUTY TO PAY DEBT OR
`
`TURN OVER PROPERTY
`
`To: Any person to whom a copy of this small estate affidavit is mailed or
`
`delivered.
`
`Under ORS 114.535, if you owe a debt to the decedent or have personal
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`property of the decedent, you must pay the debt or turn over the
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`property to the aftiant. If you refuse, the affiant may ask the court to
`
`compel you to pay the debt or turn over the property and you could be
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`responsible for the affiant’s attorney fees.
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`Page 1 of 5 — Affidavit of Claiming Successor of Testate Estate Schultz & Associates Law Center, P.C.
`969 Willagillespie Road
`Eugene, Oregon 97401
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`1, RICHARD S. CHENEY, being first duly sworn, swear that the following statements
`are true:
`
`1 am claiming successor as defined in ORS I 14.505 (2)(b) and am named as personal
`representative in the decedent’s will. I am filing this affidavit under the authority of ORS
`114.5 15(l)(a) and (b). lam hereinafter referred to as “affiant”. This affidavit is hereinafter
`referred to as “affidavit”. This affidavit is made pursuant to ORS 1 14.505-114.560.
`1.
`The Aftiant.
`
`My name and address are:
`RICHARD S. CHENEY
`9560 Sheridan Blvd., Apt. 506
`Westminster, CO 80031
`
`Age:
`Soc. Sec. No.:
`Home or mailing address:
`
`2.
`The Decedent.
`The following information is given with regard to the decedent:
`Name:
`STEPHEN J. CHENEY
`44
`-2903
`1142 Wooden Way.
`Eugene, OR 97404
`July 31, 2023
`8500 N. Turnpike Drive #301
`Westminster, CO 80030
`A Certified Copy of the death certificate is attached. The cause of death is pending
`investigation. A letter from the Office of the Coroner certif’ing the decedent’s death is
`also attached.
`
`Date of Death:
`Place of Death:
`
`3.
`
`The Decedent’s Estate.
`
`Page 2 of 5 — Affidavit of Claiming Successor of Testate Estate Schultz & Associates Law Center, P.C.
`969 Willagillespie Road
`Eugene, Oregon 97401
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`The decedent’s property subject to administration in Oregon consists of the following:
`ASSET
`VALUE
`Bank account
`Vehicle
`
`Approx. $2,000
`Approx. $8,500
`
`4.
`No application or petition for the appointment of a personal representative has been
`granted in Oregon.
`
`5.
`The decedent died testate, a copy of the Will is attached. The Original Will will be filed
`herewith.
`
`6.
`The decedent’s heirs and their last address known to the affiant are:
`jAME
`
`RICHARD S. CHENEY
`
`LINDA J. CHENEY
`
`9560 Sheridan Blvd., Apt. 506
`Westminster, CO 80031
`9560 Sheridan Blvd., Apt. 506
`Westminster, CO 80031
`7.
`The decedent’s devisees and their last address known to the affiant are:
`
`NAME
`RICHARD S. CHENEY
`
`Anl
`
`LINDA J. CHENEY
`
`9560 Sheridan Blvd., Apt. 506
`Westminster, CO 80031
`9560 Sheridan Blvd., Apt. 506
`Westminster, CO 80031
`A Copy of this affidavit showing the date of filing and a copy of the Will, will be
`delivered or mailed to the devisees at the last known address.
`8.
`Below is the property subject to administration, the person entitled to that property, and
`their interest in that property:
`
`ASSET
`
`PERSON ENTITLED
`
`INTEREST
`
`Page 3 of 5 — Affidavit Of Claiming Successor of Testate Estate Sehultz & Associates Law Center, P.C.
`969 Willagillespie Road
`Eugene, Oregon 97401
`
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`Bank Account
`
`Vehicle
`
`Bank Account
`Vehicle
`
`RICHARD S. CHENEY
`RICHARD S. CHENEY
`LINDA J. CHENEY
`LINDA J. CHENEY
`
`50%
`
`50%
`
`50%
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`50%
`
`9.
`Reasonable efforts have been made to ascertain each creditor of the estate. There are no
`known expenses or claims against the estate remaining unpaid.
`10.
`A copy of this affidavit showing the date of filing and a copy of the Will, will be mailed
`or delivered to:
`Oregon Health Authority
`500 Summer St. NE, E-20
`Salem, OR 97301
`
`11.
`To the best of the affiants’ knowledge, the decedent was not incarcerated in a correctional
`facility in this state at any time in the 15 years before the decedent’s death.
`12.
`Undisputed claims against the estate will be paid as provided in ORS 114.545.
`13.
`Claims against the estate not listed herein, or in amounts larger than those listed herein,
`may be barred unless (a) a claim is presented to the affiant within four months of the filing of
`this affidavit at the address set forth in paragraph 13, or (b) a personal representative of the
`estate is appointed within the time allowed under ORS 114.555.
`
`13.
`The address for the purposes of presenting a claim to the affiant is: Schultz & Associates
`Law Center, 969 Willagillespie Rd. Eugene, OR 97401.
`14.
`The attorney’s fees for the administration of this small estate are $1,500.
`
`Page 4 of 5 —Affidavit of Claiming Successor of Testate Estate Schultz & Associates Law Center, P.C.
`969 Willagillespie Road
`Eugene, Oregon 97401
`
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`15.
`Any noun or verb used in this affidavit shall be construed as either singular or plural as
`the context requires.
`
`16.
`The certified copy of the death certificate is attached hereto and made a part hereof as
`though fully set forth at the place where reference is made.
`Dated this.j day of
`,2023.
`
`; c,
`RICHARD S. CHENEY, Affiant
`
`SUBSCRIBED AND SWORN TO by RICHARD S. CHENEY before me
`,2023.
`
`on
`
`Not’?y ‘Pu1ic
`
`[ PRAVEEGYAADHII(ARI
`I
`NOTARY PUBLIC
`I
`STATE OF COLORADO
`NOTARY ID 20234023267
`EXPIRES 06.20-2027
`
`ATI’ORNEY FOR AFFIANT
`Michael J. Romano, OSB # 224797
`Attorney for Affiant
`969 Willagillespie Road
`Eugene, OR 97401
`Phone: (541) 485-5515
`Fax: (541) 485-5518
`Email: mike@schultz-law.com
`
`Page 5 of S — Affidavit of Claiming Successor of Testate Estate Schultz & Associates Law Center, P.C.
`969 Willagillespie Road
`Eugene, Oregon 97401
`
`

`

`LAST WILL AND TESTAMENT
`LAST WILL AND TESTAMENT
`OF
`OF
`STEPHEN J. CHENEY
`STEPHEN J. CHENEY
`
`Dated:
`Dated:
`
`July 12, 2010
`July 12, 2010
`
`Prepared by:
`Prepared by:
`Office of the Staff Judge Advocate
`Office of the Staff Judge Advocate
`1776 Militia Way
`1776 Militia Way
`Salem, OR 97309
`Salem, OR 97309
`503-584-3571
`503-584-3571
`
`

`

`LAST WILL AND TESTAMENT
`
`OF
`
`STEPHEN J. CHENEY
`
`I, Stephen J. Cheney, a resident of the State of Oregon, make, publish and
`declare this to be my Last Will and Testament, revoking all wills and codicils at any time
`heretofore made by me.
`I am in the military service of the United States.
`
`FIRST:
`I direct that the expenses of my last illness and funeral, the expenses of
`the administration of my estate, and all estate, inheritance and similar taxes payable with respect
`to property included in my estate, whether or not passing under this will, and any interest or
`penalties thereon, shall be paid out of my residuary estate, without apportionment and with no
`right of reimbursement from any recipient of any such property.
`
`SECOND:
`It
`is my desire that, upon my death,
`I absolutely not be buried,
`cremated, or otherwise disposed of in Oregon, specifically La Grande.
`
`THIRD:
`I give any life insurance proceeds that I own or to which I shall be in
`any manner entitled at the time of my death to my father, Richard S. Cheney, my mother Linda J.
`Cheney, my sister Rebecca A. Maloney, and my sister Sarah A. Schwehr who survive me, in
`equal shares.
`
`FOURTH:
`if he survives me.
`
`I give my 2008 Pontiac Grand Prix to my father, Richard S. Cheney,
`
`All other tangible personal property is given as hereafter provided with respect to
`my residuary estate.
`
`FIFTH:
`I give all the rest, residue and remainder of my property and estate, both
`real and personal, of whatever kind and wherever located, that I own or to which I shall be in any
`manner entitled at the time of my death (collectively referred to as my “residuary estate”), as
`follows:
`
`(a)
`If my father, Richard S. Cheney and my mother, Linda J. Cheney or either of
`them shall survive me, to those of my father, Richard S. Cheney and my mother,
`Linda J. Cheney who survive me, in equal shares.
`
`(b)
`If none of the beneficiaries under clause (a) above shall survive me, I give
`my residuary estate to those who would take from me as if I were then to die
`without a will, unmarried and the absolute owner of my residuary estate, and a
`resident of the State of Oregon.
`
`t,t 3
`
`

`

`SIXTH:
`If any property of my estate vests in absolute ownership in a minor or
`incompetent, my personal representative, at any time and without court authorization, may:
`distribute the whole or any part of such property to the beneficiary; or use the whole or any part
`for the health, education, maintenance and support of the beneficiary; or distribute the whole or
`any part
`to a guardian, committee or other legal representative of the beneficiary, or to a
`custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person
`or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt
`therefor executed by the person to whom the distribution is made shall be a full discharge of my
`personal representative from any liability with respect
`thereto, even though my personal
`representative may be such person.
`If such beneficiary is a minor, my personal representative
`may defer the distribution of the whole or any part of such property until the beneficiary attains
`the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with
`all of the powers described in Article SEVENTH hereof.
`If the beneficiary dies before attaining
`said age, any balance shall be paid and distributed to the estate of the beneficiary.
`
`SEVENTH:
`I appoint my father, Richard S. Cheney to be my personal
`representative.
`If my father, Richard S. Cheney shall fail to qualify for any reason as my
`personal representative, or having qualified shall die, resign or cease to act for any reason as my
`personal representative, I appoint my sister, Rebecca A. Maloney as my personal representative.
`I direct that no personal representative shall be required to file or furnish any bond, surety or
`other security in any jurisdiction.
`
`EIGHTH:
`I grant
`to my personal representative all powers conferred on
`personal representatives and executors under Oregon Revised Statutes Section 114.255 et seq., as
`amended, or any successor thereto, and all powers conferred upon personal representatives and
`executors wherever my personal
`representative may act.
`I also grant
`to my personal
`representative power to retain, sell at public or private sale, exchange, grant options on, invest
`and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit;
`to borrow money and encumber or pledge any property to secure loans; to exercise all powers of
`an absolute owner of property; to compromise and release claims with or without consideration;
`and to employ attorneys, accountants and other persons for services or advice. The term
`“personal
`representative” wherever used herein shall mean the personal
`representatives,
`executors, executor, executrix or administrator in office from time to time.
`
`NINTH:
`I direct that for purposes of this will a beneficiary shall be deemed to
`predecease me unless such beneficiary survives me by more than thirty days.
`
`TENTH:
`I have served in the Armed Forces of the United States.
`I therefore
`request that my personal representative make appropriate inquiries to ascertain whether there are
`any benefits to which I, my dependents or my heirs may be entitled by virtue of any military
`affiliation.
`I specifically request that my personal representative consult with a retired affairs
`officer at the nearest military installation, the Department of Veterans Affairs, and the Social
`Security Administration.
`
`2
`
`

`

`IN WITNESS WHEREOF, I, Stephen J. Cheney, sign my name and publish and
`declare this instrument as my last will and testament this 12th day of July, 2010.
`
`The foregoing instrument was signed, published and declared by Stephen J.
`Cheney, the above-named Testator, to be his last will and testament in our presence, all being
`present at the same time, and we, at his request and in his presence and in the presence of each
`other, have subscribed our names as witnesses on the date above written.
`
`1r,k
`
`having an address at
`
`having an address at
`
`3
`
`cu
`
`

`

`_____________,
`
`AFFIDAVIT OF WITNESSES
`
`STATE OF OREGON, COUNTY OF
`
`ss.
`
`Each of the undersigned being individually and severally duly sworn, did depose
`and say that: The foregoing last will and testament was subscribed in our presence and sight by
`Stephen J. Cheney, the Testator named therein. The undersigned witnessed the execution of
`said will of Stephen J. Cheney on the 12th day of July, 2010. At the time the instrument was so
`subscribed,
`the Testator declared said instrument to be his last will and testament. The
`undersigned thereupon signed their names as witnesses at the end of said will at the request of
`the Testator, in the presence of the Testator and each other. At the time of so executing said
`will, in our respective opinions, the Testator was at least eighteen years of age or emancipated,
`and was of sound mind, memory and understanding, under no constraint, duress, fraud or undue
`influence, and in no respect incompetent to make a valid will.
`In our respective opinions, the
`Testator was able to read, write and converse in the English language, and was not suffering
`from any defect of sight, hearing or speech, or from any other physical or mental impairment
`which would affect his capacity to make a valid will. Each of us was acquainted with the
`Testator, and we make this affidavit at his request. Said will was shown to us at the time this
`affidavit was made, and we examined it as to the signature of the Testator and our signatures.
`Said will was executed as a single, original instrument, and not in counterparts.
`
`74pnnt:Ep,k Ty
`
`Witness
`
`\pnt:
`
`ie
`
`o uy,
`
`Subscribed and sworn to before me by the above-named witnesses, this 12th day
`
`()
`
`Notary Public
`My commission expires on
`
`Notary Public Authority
`US ARMY Judge Advocate
`Oregon Army National Guard
`10 USC 1044N0R5 194.525/AR 27-55 \Y7
`
`0
`
`