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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

Ariana M. Flynn

General Practice

Status: In Good Standing

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201 N Civic Dr, Walnut Creek, CA 94596

Bart J. Schenone

Estate, Trusts, Estate Planning, Elder Law, Estate Administration

Status: Retired Licensed: 50 Years

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140 Town & Country Dr, Danville, CA 94526

Cathleen A. Crane

Wills, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 11 Years

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1925 Blackstone Dr, Walnut Creek, CA 94598

Cathy E Nelson

Litigation, Wills, Trusts, Family Law

Status: In Good Standing

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140 Town & Country Dr, Danville, CA 94526

Chelsea Renee Jagar

Wills, Trusts, Family Law, Divorce

Status: In Good Standing Licensed: 14 Years

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4 Crow Canyon Ct, San Ramon, CA 94583

Christina Paradiso Tanti

Estate, Wills, Trusts, Elder Law

Status: In Good Standing

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140 Town And Country Dr, Danville, CA 94526

Daniel Timothy Quane

Wills, Trusts, Estate, Divorce & Family Law

Status: In Good Standing

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571 Hartz Ave, Danville, CA 94526

Eliz C A Johnson

Wills, Trusts, Criminal

Status: In Good Standing Licensed: 33 Years

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Danville, CA 94526

Erin A. Norcia

Trusts, Wills & Probate, Estate Planning, Guardianships & Conservatorships, Wills

Status: In Good Standing Licensed: 18 Years

CONTACT

40 Oak Ct, Danville, CA 94526

800-923-0641

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LEGAL TERMS

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

CURATOR

See conservator.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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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Diablo Wills & Probate Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

James Joseph Fishel

Ariana M. Flynn

Bart J. Schenone

Cathleen A. Crane

Cathy E Nelson

Chelsea Renee Jagar

Christina Paradiso Tanti

Daniel Timothy Quane

Eliz C A Johnson

Erin A. Norcia

TIPS

LEGAL TERMS

POUR-OVER WILL

SELF-PROVING WILL

SPECIAL ADMINISTRATOR

SPECIFIC BEQUEST

FAILURE OF ISSUE

CURATOR

SPENDTHRIFT TRUST

AB TRUST

SUCCESSOR TRUSTEE

SAMPLE LEGAL CASES

Guardianship of Ann S.

Schwartz v. Labow

Estate of Bennett

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