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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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Adrienne M. Moran

Government Agencies, Wills & Probate, Products Liability, Medical Malpractice

Status: In Good Standing

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640 Third Street, Santa Rosa, CA 95404

Everett H. Shapiro

Products Liability, Medical Malpractice, Wills & Probate, Government Agencies

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640 Third Street, Santa Rosa, CA 95404

Katherine Spencer Zelazny

Tax, Trusts, Gift Taxation, Estate Planning

Status: In Good Standing Licensed: 31 Years

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Saint Helena, CA 94574

Dennis Vincent Montalbano

Income Tax, Trusts, Estate, Medical Malpractice

Status: In Good Standing Licensed: 33 Years

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Calistoga, CA 94515

Rafael Rios

Business, Real Estate, Immigration, Estate, Alcoholic Beverages

Status: In Good Standing

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1360 Railroad Ave, Saint Helena, CA 94574

Miel Price Novak

Tax, International, Trusts, Gift Taxation

Status: In Good Standing Licensed: 27 Years

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1312 Oak Ave, Saint Helena, CA 94574

Robert Michael Fanucci

Commercial Real Estate, International Tax, Estate Planning, Criminal, Business

Status: In Good Standing

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1030 Main St, Saint Helena, CA 94574

Lynn Susan Sletto

Real Estate, Wills & Probate, Estate Planning, Business

Status: In Good Standing

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1236 Spring St, Saint Helena, CA 94574

Kristin Nelson Casey

Estate Planning, Federal Appellate Practice, Elder Law

Status: In Good Standing Licensed: 34 Years

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Calistoga, CA 94515

Matthew Elliott Demchuk

Other, Trusts, Estate, Business

Status: In Good Standing Licensed: 29 Years

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1000 Brown St, Saint Helena, CA 94574

800-923-0641

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LEGAL TERMS

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

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.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

SAMPLE LEGAL CASES

In re Estate of Young

Stephen Parker, as administrator of the estate of Irma E. Young, deceased (the Estate), filed this petition under Probate Code section 850, subdivision (a), [1] to request an order and judgment establishing the Estate's ownership of certain real property and personal property held by ...

Estate of Kievernagel

In this case we must decide whether a widow has the right to use her late husband's frozen sperm to attempt to conceive a child where her late husband signed an agreement with the company storing the frozen sperm providing that the frozen sperm was to be discarded upon his ...

Estate of Bennett

Claimants Smith Heavy Industrial Transit Corporation and Advanced Development Holdings, Inc. (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 ...

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Pope Valley Estate Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Adrienne M. Moran

Everett H. Shapiro

Katherine Spencer Zelazny

Dennis Vincent Montalbano

Rafael Rios

Miel Price Novak

Robert Michael Fanucci

Lynn Susan Sletto

Kristin Nelson Casey

Matthew Elliott Demchuk

TIPS

LEGAL TERMS

ESTATE TAXES

GENERATION-SKIPPING TRANSFER TAX

AB TRUST

FAMILY ALLOWANCE

PROVING A WILL

GENERATION-SKIPPING TRUST

AUGMENTED ESTATE

INTER VIVOS TRUST

HEIR APPARENT

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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