Hilary Newcomb

Attorney

Attorney, Hilary A. Newcomb began her career as a law clerk for the Santa Clara County, California Probate Judge in the year 2000. Hilary is actively licensed to practice law in Oregon and inactively licensed in California. Hilary practices fiduciary litigation, probate and trust administration, estate planning, and guardianships and conservatorships.

Hilary is an American College of Trust and Estate Counsel (ACTEC) Fellow as of 2017, and the Oregon State Chair for ACTEC beginning in 2024. She is a member of the Estate Planning Council of Portland, and was on the editorial review board of the Administering Trusts in Oregon edition for the Oregon State Bar. Hilary was also a member of the Executive Committee of the Estate Planning and Administration section of the Oregon State Bar from 2012 through 2023.

Speaking Engagements

  • "Closing a Probate Estate in Oregon," Oregon State Bar Basic Estate Planning: Basic Probate Administration Seminar, November 2021.
  • “Removing Occupants from Estate Real Property,”Oregon State Bar Advanced Estate Planning Seminar, June 2019.
  • “Defensive Trustee Accounting: How to Keep the Beneficiaries from Going on the Offensive,”Oregon State Bar Tax and Business Section, September 2018.
  • “Advance Directive Legislative Update,” Advanced Estate Planning CLE seminar, sponsored by the Oregon State Bar, June 9, 2017.
  • “Oregon Law Updates: 2016 – Early May 2017,” Eugene/Springfield Tax Association and Estate Planning Joint Meeting, May 16, 2017.
  • "Removing Occupants from Estate Property," Basic Estate Planning and Administration CLE seminar, sponsored by the Oregon State Bar, November 2016.
  • "Defensive Trustee Reporting; How to Keep the Beneficiaries from going on the Offensive," Estate Planning Council of SW Washington, Vancouver, WA, September 2016.
  • “Oregon Law Updates”, speaker during The American College of Trust and Estate Counsel Luncheon, February 2016.
  • “Oregon Legislative Updates”, Beginning Estate Planning and Administration 2015 CLE seminar, sponsored by the Oregon State Bar, November 2015.
  • “Defensive Trustee Reporting”, Willamette Valley Estate Planning Council Luncheon, sponsored by Willamette Valley Estate Planning Council, joint talk with attorney John Draneas, May 2015.
  • “Oregon Legislative Updates”, sponsored by Eugene Estate Planning Council and Eugene/Springfield Tax Association, May 2015.
  • “Oregon Legislative Updates”, sponsored by Southern Oregon Estate Planning Council, February 2015.
  • “Oregon Updates”, 44th Annual Estate Planning Seminar, sponsored by Portland Estate Planning Council, joint talk with attorney Christopher Cline, January 2015.
  • “Defensive Trustee Reporting”, Advanced Estate Planning and Administrative CLE seminar, sponsored by the Oregon State Bar, joint talk with attorney John Draneas, May 2014.
  • “Changes to the Oregon Trust Code: A Practical Approach”, Beginning Estate Planning and Administration CLE seminar, sponsored by the Oregon State Bar, joint talk with attorney Eric Wieland, November 2013.
  • “Tips to Hopefully Avoid, or if not, Handle Probate Litigation”, Estate Planning, Protective Proceedings and Probate Court CLE seminar, sponsored by the Multnomah County Bar Association, joint talk with attorney Steve Owen, June 2012.
  • “Removing Occupants in Probate Court”, Estate Planning Practitioner’s Group, June 2012.
  • “Protecting the Trustee”, Monthly Estate Planning Council Meeting, sponsored by the Willamette Valley Estate Planning Council, January 2012.
  • “Notable Recent Case Law”, Probate Litigation: Key Issues for Lawyers Who Work with Wills and Trusts CLE seminar, sponsored by the Oregon Law Institute of Lewis and Clark Law School, December 2010.

Publications

  • "The Harmless Error Rule: Some Background, the Rule Nationwide and in Oregon, and the COVID-19 Pandemic," Oregon State Bar Estate Planning and Administration Section Newsletter, October 2020.
  • “What Time Is It? Some Important Statutes of Limitations in Estates and Trusts,” Oregon State Bar Estate Planning and Administration Section Newsletter, April 2019.
  • "Advance Directive Legislative Update," Oregon State Bar Estate Planning and Administration Section Newsletter, September 2016 and January 2017.
  • "Distinguishing Significant Settlement Agreement Provisions," Oregon State Bar Estate Planning and Administrative Section Newsletter, June 2016.
  • “General Duties of a Trustee of a Trust”, Portland Business Journal, March 2016.
  • “The Slayer Statutes”, Oregon State Bar Estate Planning and Administration Section Newsletter, December 2014.
  • “Notice of Proposed Action by Trustee”, Oregon State Bar Estate Planning and Administration Section Newsletter, October 2013.
  • “New Uniform Trust Code Legislation Highlights: What to Expect”, Oregon State Bar Estate Planning and Administration Section Newsletter, April 2013.
  • “The Duty to Communicate: Mitigating Trust Disputes While Satisfying Fiduciary Duties”, Oregon State Bar Estate Planning and Administration Section Newsletter April 2012.
  • “What’s New”, Oregon State Bar Estate Planning and Administration Section Newsletter, June 2010.
  • “Why Every Estate Planner Should Know More About Probate Litigation”, Oregon State Bar Estate Planning and Administration Section Newsletter, October 2008.
  • “Keeping a Primary Residence in Trust Can Be Tricky”, Oregon State Bar Elder Law Section Newsletter, joint article with attorney Amy Davidson, April 2008.“Surviving Probate Litigation; The Particularities of Probate Proceedings”, Bay Area Lawyer Magazine, July/August 2006.

Memberships/Affiliations

  • American College of Trust and Estate Counsel (ACTEC) Fellow, 2017 - Present, and Oregon State Chair, 2024 - Present.
  • Martindale-Hubbell, AV Preeminent rating.
  • Estate Planning Council of Portland Member, 2008 – Present.
  • Oregon State Bar Estate Planning and Administration Section Member, 2006 – Present.
  • Oregon State Bar Estate Planning and Administration Section Executive Committee Member, 2012 – 2023.
  • Advance Directive legislative work group member, 2015-2017.
  • Special Advocates for Vulnerable Oregonians (“SAVO”), Fundraising Committee Member, 2012 – 2014.
  • Oregon Law Commission, Uniform Trust Code Revisions Work Group Member, 2012 – 2013.
  • Oregon State Bar Litigation Section Member, 2006 – 2013.
  • Multnomah County Bar Association Member, 2008 – 2010.

Awards and Accolades

  • Best Lawyers Award, 2016 - 2024
  • Voted Super Lawyer, 2021 - 2024
  • Voted Lawyer of the Year by Best Lawyers (Litigation - Trusts and Estates), 2022 and 2024
  • Voted Tier 1 Best Law Firm by Best Lawyers, 2024

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