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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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Terry Nan Gross

Public Law, Trusts, Estate

Status: In Good Standing Licensed: 35 Years

CONTACT

Elk, CA 95432

Mark Leland Ranft

Real Estate, Litigation, Trusts, Family Law

Status: In Good Standing Licensed: 29 Years

CONTACT

597 S Main St, Calpella, CA 95482

David Eugene Shell

Real Estate, Trusts, Estate

Status: Inactive Licensed: 47 Years

CONTACT

206 S Oak St, Calpella, CA 95482

Brian Charles Carter

Estate Planning, Environmental Law, Commercial Real Estate, Business, Trusts

Status: In Good Standing Licensed: 36 Years

CONTACT

305 N Main St, Ukiah, CA 95482

Attila Panczel

Federal Appellate Practice, Trusts, Insurance, Contract

Status: In Good Standing Licensed: 17 Years

CONTACT

445 N State St, Ukiah, CA 95482

Myrna Lee Oglesby

Trusts, Gift Taxation, Estate Planning, Estate

Status: In Good Standing Licensed: 41 Years

CONTACT

533 S Main St, Calpella, CA 95482

Debra Irwin Decarli

Estate Planning, Personal Injury, Mass Torts, Trusts, Estate

Status: In Good Standing Licensed: 30 Years

CONTACT

45100 Main St, Mendocino, CA 95460

Margaret Mary O'Rourke

Estate Planning, Wills & Probate, Trusts, Elder Law

Status: In Good Standing Licensed: 43 Years

CONTACT

45160 Main Street, Mendocino, CA 95460

Susan Jenness Hartley

Trusts, Employee Rights, Employment

Status: In Good Standing Licensed: 44 Years

CONTACT

Calpella, CA 95418

800-923-0641

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LEGAL TERMS

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

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.

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.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

SAMPLE LEGAL CASES

Schwartz v. Labow

... The probate court's general jurisdiction encompasses "the internal affairs of trusts" and "[o]ther actions and proceedings involving trustees...." 17000, subds. ... 427 (2) The probate court has general power and duty to supervise the administration of trusts. ...

In re Estate of Young

... (a)(2)(D).) The trial court ruled that the Estate was the prevailing party, because it had showed sufficient evidence of undue influence and fraud in the establishment of the trusts. ... A. Creation of Land Trusts and Operational Trusts; Background. ...

Bilafer v. Bilafer

... SIMONS, Acting PJ. On December 30, 1999, Mitchell J. Bilafer (Mitchell) [1] executed two irrevocable trusts (collectively, the 1999 Trusts). In 2006, Mitchell filed petitions to reform the 1999 Trusts to conform them to his intent. ...

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Philo Trusts Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Terry Nan Gross

Mark Leland Ranft

David Eugene Shell

Brian Charles Carter

Attila Panczel

Myrna Lee Oglesby

Debra Irwin Decarli

Margaret Mary O'Rourke

Susan Jenness Hartley

TIPS

LEGAL TERMS

PRETERMITTED HEIR

POUR-OVER WILL

SPENDTHRIFT TRUST

ABATEMENT

GRANTOR RETAINED INCOME TRUST

HEIR AT LAW

TAKING AGAINST THE WILL

SUMMARY PROBATE

GRANTOR

SAMPLE LEGAL CASES

Schwartz v. Labow

In re Estate of Young

Bilafer v. Bilafer

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