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Timothy J. Doherty
About | Practice Areas
Law Office of Timothy J. Doherty
10 Crater Lake Ave Medford, OR 97504» view map
Estate Law
Experience You Can Trust

The topic of wills and trusts can be confusing, but my job is to help you decide what’s right for you. Call me to set up a free consultation.

800-878-0640
1. Timothy J. Doherty Medford, OR
  Attorney at Law- OR
  Empire College School of Law, J.D. 2012
2. AboutLaw Office of Timothy J. Doherty
  Experience You Can Trust
3. Practice AreasExpertise
  Estate
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Includes: Estate Administration, Living Wills, Wills

James Joseph Fishel

Wills, Wills & Probate, Family Law, Civil Rights

Status: In Good Standing

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1375 Locust Street, Walnut Creek, CA 94596

Matthew B. Talbot

Estate Planning, Elder Law, Trusts, Estate, Wills

Status: In Good Standing Licensed: 18 Years

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2033 N. Main St., Walnut Creek, CA 94596

Ruth Koller Burke

Estate, Trusts, Wills & Probate, Litigation, Elder Law

Status: In Good Standing

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1460 Maria Lane, Suite 360, Walnut Creek, CA 94596

Michael Francis Sweeney

Wills, Trusts, Estate

Status: In Good Standing Licensed: 32 Years

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1908 Tice Valley Blvd, Walnut Creek, CA 94595

Susan Marie Gonzalez

Wills

Status: In Good Standing Licensed: 17 Years

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3749 Loma Vista Ave, Oakland, CA 94619

Jeannine Virginia O'Neil

Wills, Trusts, Estate

Status: In Good Standing Licensed: 32 Years

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1908 Tice Valley Blvd, Walnut Creek, CA 94595

Timothy B Walker

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 44 Years

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106 Kendall Rd, Lafayette, CA 94595

Margaret Mearns Hand

Wills, Trusts, Estate, Divorce & Family Law

Status: In Good Standing Licensed: 31 Years

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4 Orinda Way, Orinda, CA 94563

Patrick Zampa Riley

Wills, Trusts

Status: Inactive Licensed: 54 Years

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2172 Andrews St, Oakland, CA 94611

Lee Leonard Kaster

Lawsuit & Dispute, Wills, Trusts, Estate

Status: In Good Standing Licensed: 24 Years

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1806 Bonanza St, Walnut Creek, CA 94596

800-923-0641

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LEGAL TERMS

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

NET ESTATE

The value of all property owned at death less liabilities or debts.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

MARITAL LIFE ESTATE TRUST

See AB trust.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

SAMPLE LEGAL CASES

Guardianship of Ann S.

... 1118 OPINION. CORRIGAN, J.â€”. In 2003 the Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. (Stats. 2003, ch. ... We granted review. II. DISCUSSION. A. Probate Guardianship. ...

Schwartz v. Labow

... In August 2003, the probate court appointed Lionel B. Sanders, certified public accountant, conservator of Sylvia's and Louis's estates in the related conservatorships. ... DISCUSSION. 1. The probate court had jurisdiction in November 2005 to suspend appellant trustee's powers. ...

Estate of Bennett

... (collectively Smith), appeal from a probate court order granting the motion of petitioners Lu Ella Bennett, Jack H. Bennett, Jr., and Louise Comer to set aside and rescind a settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). ...

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Moraga Wills & Probate Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

James Joseph Fishel

Matthew B. Talbot

Ruth Koller Burke

Michael Francis Sweeney

Susan Marie Gonzalez

Jeannine Virginia O'Neil

Timothy B Walker

Margaret Mearns Hand

Patrick Zampa Riley

Lee Leonard Kaster

TIPS

LEGAL TERMS

FINAL BENEFICIARY

IN TERROREM

NET ESTATE

DOWER AND CURTESY

PER STIRPES

TAKING AGAINST THE WILL

MARITAL LIFE ESTATE TRUST

PREDECEASED SPOUSE

PROBATE

SAMPLE LEGAL CASES

Guardianship of Ann S.

Schwartz v. Labow

Estate of Bennett

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