A one-way street.
Patricia Bingaman, Judge Boyd, and the fight to preserve her husband’s estate claims

Listen to A one-way street
Article by Levi Bakke · Narration generated with ElevenLabs
Patricia Bingaman asked the judge for the law.
“Could you cite me the Oregon law that keeps me from keeping this open,” she asked during the September 21 hearing in her husband’s probate case.
“Ultimately, it’s up to me,” Judge Jared Boyd answered.
He referred broadly to Oregon’s probate statutes, then told her he wasn’t going to debate her. Before the hearing ended, he warned the seventy-eight-year-old widow that more frivolous filings could bring sanctions. He told her the courtroom was “a one-way street.”
By that evening, the first complaint seeking more than two hundred twelve thousand dollars for Russell Bingaman’s estate had been submitted to the same county’s court.
That is the dispute Boyd’s description of this hearing leaves out. Patty is trying to recover money for the estate she was appointed to administer. Her sworn accounting says so. Her later lawsuit says so. Boyd had already ruled when that complaint was submitted; the September 2 accounting was in the probate file before the hearing. The question is whether a judge can dismiss that work as an exploratory expedition while moving the estate toward closure without addressing the recoveries she has identified or reconciling the corrected accounting already in his court file.
I consider the exercise of power documented here corrupt. That’s my judgment of Boyd’s conduct: he treated a widow’s effort to preserve potential estate assets as evidence that she didn’t understand her job, then approved the papers she had withdrawn her consent to and amended. Readers can judge that conduct against his words and the records.
The estate hadn’t formally closed when we checked the register early September 24. Boyd signed a judgment directing final distribution, with discharge of Patty and closure to follow in a supplemental judgment after distribution receipts were filed. That distinction matters. So does the direction he gave her: “there’s no purpose in bringing this probate case anywhere but to a close as it stands today.”
There was already a different account of the estate in the file.
On September 2, Patty filed a sworn amended annual accounting prepared with bookkeeping help. Its opening paragraph expressly said it amended the earlier statement in lieu of final accounting.
“The estate is not ready for final distribution, and figures in that statement were not correct,” it said.
She identified household goods omitted from the earlier accounting, vehicles left out, a life insurance policy on her own life incorrectly included as an estate asset, and confusion between conservatorship and estate bank balances.
The amendment also drew a distinction the hearing badly needed: the estate had paid its known obligations, but the estate itself might be owed money.
“The estate may also be owed money: there are possible recoveries that are not yet confirmed, and their amounts are yet to be determined,” Patty swore.
She said records about Russell’s care remained outstanding. Matters affecting the estate’s interests were pending. She would keep filing annual accounts until they were resolved.
At the hearing, she tried to raise the accounting again.
“There were so many mistakes made with the accounting,” she said.
Boyd returned to the earlier statement in lieu of final accounting and the fact that Patty was the single beneficiary. His judgment approved the earlier statement. It did not reconcile the September 2 amendment or explain why the possible recoveries identified in it didn’t warrant keeping the administration going.
A judge can reject a request to delay distribution. But a sworn correction deserves an answer about the correction. Calling the person who filed it confused doesn’t supply one.
Patty had already fired her lawyer.
Carol Fredrick’s May 6 letter said she wouldn’t litigate for the estate. It also recorded Patty’s instruction about closure: “Per your instructions, absent different instructions from you, I won’t file a motion to close the estate.”
In July, Fredrick explained a proposed judgment by quoting a sentence she attributed to “the judgment”: the personal representative would submit a supplemental judgment to discharge herself and close the estate.
“This keeps the estate open,” Fredrick wrote.
The sentence she quoted actually appeared in the accounting petition. The attached proposed judgment used different language: after receipts showing payment and distribution were filed, the court would enter the supplemental judgment discharging Patty and closing the estate.
The reassurance was also written into the paper Patty signed August 2. Its title was Consent to Accounting, Petition for General Judgment and to Attorney Fees. The same paragraph that gave consent to final distribution ended with this sentence:
“I understand that a supplemental judgment to discharge me as personal representative still needs to be entered to close the estate; that is not happening at this time.”
That was on her signed paper. The assurance wasn’t something she imagined afterward.
Read that beside paragraph six of the judgment Boyd eventually signed:
“Upon filing receipts showing payment and distribution as herein directed, the Court will enter a supplemental judgment discharging the personal representative and closing the estate upon filing.”
The difference is what happens between those two sentences. The consent reassured Patty that discharge and closure weren’t happening at that time. But it also authorized entry of the final-distribution judgment. That judgment directed distribution of the remaining estate assets, then said the court would enter the closing judgment upon the filing of receipts. Paragraph six didn’t say Patty would get to decide later whether she was ready to close. It didn’t condition that step on completion of the records work or evaluation of estate claims.
The final closing order was still a separate step. The papers were nevertheless moving her toward it. A statement that the estate wasn’t closing immediately did not mean its administration could continue on the terms Patty believed she was preserving.
This is how I believe the paperwork tricked her: the reassurance addressed the last step, while her signature authorized the step that put distribution and closure in motion. Fredrick’s earlier explanation had quoted language saying the personal representative would submit the later judgment. The actual judgment said the court would enter it after receipts were filed. That distinction put control of the next step at the center of the dispute.
Patty also later signed the statement saying the estate was ready for final settlement. Her signatures matter. So do the assurances accompanying them, her subsequent withdrawal of consent, and the corrected accounting she filed before Boyd acted.
The proposed judgment itself did not bear Patty’s signature. On its third page, Carol Fredrick signed a certificate of readiness dated August 13. It stated: “Under UTCR 5.100 I certify this proposed order is ready for judicial signature because this order is submitted ex parte as allowed by statute or rule.”
That was Carol’s certification, signed in her own name as attorney for the personal representative. Patty’s signature was on the separate consent and accounting papers. The judgment containing the receipt-triggered closure language was submitted under Carol’s signature and her assertion that it qualified for ex parte submission.
The distinction matters because the consent was later disputed before the judge acted. Carol’s certificate was dated August 13. Patty’s instruction to stop came August 16. Boyd signed the judgment September 21, after that withdrawal of consent and after Patty filed the amended accounting. What did the court do with those objections?
On August 16, she fired Fredrick and the firm, expressly withdrew consent to the final-settlement and closing provisions, and wrote: “Please do not pursue final settlement, my discharge, or closure of the estate.”
Her verified court application followed August 17. It asked the court to determine the effect of her withdrawal; it didn’t claim the earlier papers were automatically void. It explained that she intended to continue administering the estate while records relevant to possible claims were evaluated, and that Fredrick’s limited scope didn’t meet that need. Boyd allowed Fredrick to withdraw August 31.
Patty believes her lawyer misled her. The documents establish the inaccurate attribution of the quoted language and the disagreement about its consequences. They don’t establish what Fredrick privately intended. They do establish that, before Boyd signed the distribution judgment, Patty had told both counsel and court that she didn’t consent to the estate being wound down.
Boyd endorsed Fredrick’s advice as “good advice” and “correct.” In his written minute order, he described Patty’s lack of understanding as possibly attributable to “limited capacity or just simple stubbornness to accept any contrary information.”
Yet Fredrick’s own office had reported repeated rejections of its accounting submissions. On August 7, legal assistant Lisa Parr wrote: “The Court rejected the accounting that we filed.” She said the court wanted a paragraph summarizing the exhibits and sent another copy for Patty’s signature. On August 13, Parr wrote: “The Court rejected the final accounting again.” She said the exhibits didn’t match the inventory and described the replacement statement as “just the previous final accounting under a new name.” Those emails help explain why Patty kept receiving revised papers to sign. They also belong beside Boyd’s endorsement of the lawyer’s advice and his suggestion that the widow’s difficulty arose from limited capacity or stubbornness.
A withdrawn consent, an amended accounting, and possible assets awaiting investigation deserved more than that characterization.
Boyd had already told this family to use another forum.
In his April 18, 2025 guardianship opinion, he rejected filings I had made and admonished Patty and her then-attorney, Glenn Null. He wrote that allegations involving malpractice, ethics violations, and elder abuse belonged in “different forums through different legal mechanisms.” He also wrote: “Ms. Bingaman is certainly entitled to pursue those issues through the appropriate forums/mechanisms.”
That order concerned my standing and my filings in the guardianship. It wasn’t a ruling that every potential estate claim lacked merit.
Seventeen months later, Boyd opened the probate hearing by asking whether Patty had used artificial intelligence. He called material in her filings “gobbledygook” and “gibberish.” He told her she had a particular agenda.
Patty asked him to explain what he thought that agenda was.
“You very clearly have an issue with Nadine’s Nest, Tempie Bartell, and everybody involved with it that you’re trying to go after the medical neglect issue, and this is a probate matter, ma’am.”
Those names came from Boyd. Before asking her later in the hearing to identify her possible claims, he had already named the people she was pursuing and characterized her purpose. That sequence matters when readers consider why Patty was reluctant to discuss those claims with him to begin with.
The same judge who had told her to use other forums was now identifying Bartell and Nadine’s Nest as her agenda, dismissing her filings, and moving toward final distribution. I understand Patty’s distrust in that context. His treatment of her effort to pursue them is part of the story, not an explanation that can be left out while her guarded answers are held against her.
Then Boyd told her what probate was for.
“We are here divvying up property. That is it.”
“No more, no less. We are not here on a medical neglect claim.”
Patty wasn’t asking him to conduct a medical-negligence trial during that short hearing. She was asking to keep administering an estate while records and possible recoveries were evaluated. A claim belonging to an estate can itself have value. Preserving the ability to pursue it is part of the administration question even when the lawsuit belongs in a separate case.
Oregon’s law gives that work a place. It makes a personal representative a fiduciary charged with collecting, preserving, settling, and distributing the estate as expeditiously, and with as little sacrifice of value, as is reasonable under the circumstances. It authorizes reasonable prosecution of claims to protect the estate, including claims the deceased person held.
That doesn’t require Patty to file every conceivable lawsuit. It does mean she has to exercise judgment about potential recoveries. An unjustified failure to protect a valuable asset can have consequences for a fiduciary. There is no finding here that Patty would have been liable had she waited. There is a real responsibility to consider what the estate might be owed.
Boyd was entitled to ask what supported keeping the administration open. He did ask. Patty’s answers were guarded. By then, he had already characterized her pursuit of Bartell and Nadine’s Nest as her agenda. She said the reports had “nothing to do with probate” and that she wanted to know for herself. She also told him she was acting “in representation of my husband.”
Her written accounting had already connected the outstanding records to possible estate recoveries. The oral exchange didn’t erase that filing.
Boyd said the probate could be reopened later if necessary. Oregon law does permit reopening for proper cause. But later reopening isn’t a substitute for assessing a potential asset now, and it doesn’t automatically revive a claim already barred or adjudicated.
He criticized disclosed attorney communications, the use of “ex parte,” and filings he considered legally unsound. Those were stated concerns. What he didn’t identify in the hearing or minute order was a particular fabricated citation, a specific financial injury caused by preserving the estate, or an assessment of the potential recoveries described in the amended accounting.
His warning was exact and narrower than a ban on all filings: “Any more frivolous filings, and the court’s going to react.” He threatened possible sanctions, including on the court’s own motion.
The pressure was unmistakable even without making his words broader than they were.
The records Patty was waiting for had names, recipients, and histories.
The hospice provider’s native electronic audit trail remained disputed. Patty renewed her demand in April. Optum and LHC maintained that their production was complete; the requested history of who changed chart entries, when, and what changed was still missing from the materials reviewed for this article.
A separate demand for the Acentra review and disclosure file was delivered in June. No response satisfying it appears in the reviewed records.
Patty and I each requested Oregon Long-Term Care Ombudsman records July 7. The office acknowledged both requests in August. On September 21, less than two hours before the probate hearing, I sent a follow-up: “Neither of us has received any records, an estimated completion date, a fee decision, or a reference number.”
Three Oregon Department of Human Services requests had been closed, then reopened September 16. The department formally acknowledged the reopened requests September 22, the day after the hearing. Its anticipated October 7 decisions concerned fees and fee waivers, not a promised delivery date. The September 23 status record reported no production on those requests.
The judicial department’s request for native order files and audit information was stalled after a fee-waiver denial requiring three hundred seventy-three dollars and seventy-five cents. A separate county request had a ten-dollar charge; the reviewed file didn’t establish whether payment and production followed.
Other files reflected partial production. The family’s preparation notes identified missing categories from Nadine’s Nest, including financial records and staff logs, and from former guardianship attorney Emily Cooper, including notes and billing material. Those notes are leads about remaining gaps, not proof that nothing was supplied. Nadine’s Nest and Cooper had supplied records.
The retained request inventory also includes federal records submissions to the Centers for Medicare & Medicaid Services, the Department of Health and Human Services and its inspector general, the Administration for Community Living, and the FBI. Their submission records don’t establish current agency dispositions. A separate Medicare beneficiary-records request had been denied, followed by an objection whose resolution wasn’t in the reviewed file. Drafts and reported requests also included a Wildflower audit-log demand, a Justice Department request, and Fredrick’s client file. Their receipt or current status still needed verification.
These requests concern different subjects. Some bear directly on estate recoveries; others concern oversight and the conduct of the institutions involved. Their existence doesn’t prove every requested page is necessary to probate. It does show why describing the entire effort as a widow wanting to know something for herself leaves out a substantial documentary record.
Political action was underway too. Patty returned an authorization for constituent assistance August 18, linking the request for help to the threatened estate closure. Staff acknowledged forwarding an update September 4. That establishes an effort to obtain help. It doesn’t establish that an agency inquiry had been transmitted, that Boyd knew about it, or that it caused his decision.
The sequence we can establish is enough: records advocacy before the hearing, a complaint submitted afterward, agency acknowledgments the next day, and entry of the distribution judgment the day after that. While the court was moving toward closure, other parts of government were still acknowledging the requests.
Patty had planned to wait for a new attorney. After Boyd announced that he was signing the distribution judgment, she acted. In my judgment, he forced her hand by insisting on winding down the estate while she was still trying to protect its potential recoveries.
The retained resubmission letter records an initial electronic submission at six thirty-nine that evening, about three hours after the hearing ended.
The action is Estate of Russell H. Bingaman v. Nadine’s Nest, LLC, and Tempie D. Bartell, case 26CV50482. Patty acts as the estate’s personal representative.
The complaint seeks two hundred twelve thousand one hundred forty-eight dollars and fifty-eight cents, plus interest and costs. It alleges money was collected without the required agreement, charges were imposed for Patty’s visits, money was retained after Russell left the facility, and the estate incurred records and reconstruction costs. Those are allegations to be tested in the new case; the filing itself doesn’t establish that the defendants owe the amount demanded.
But the filing establishes something the probate hearing obscured. There is a specific demand to return money to Russell’s estate, with identified transactions and an amount attached. That concrete demand came after his ruling. It illustrates why the earlier sworn notice of possible recoveries deserved an assessment of its own.
Patty went to the separate forum he had said people must use. She did it while he was directing distribution of the estate whose interests she was trying to protect.
The court’s register entered Boyd’s distribution judgment September 23. By then, the estate’s complaint had already been accepted.
Patty also sought to remove Boyd from the new case. Her motion to disqualify him and supporting affidavit were filed September 23 in the estate’s action against Bartell and Nadine’s Nest. In the affidavit, signed and sworn September 22, she stated: “I believe that I cannot have a fair and impartial trial or hearing before Judge Jared D. Boyd.”
She put her distrust into a sworn court filing and asked for another judge. The register showed no ruling on that request when checked early September 24.
He said they were divvying up property.
She was trying to get some of it back.
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