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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

Julia P. Wald

Wills, Wills & Probate, Trusts, Elder Law

Status: In Good Standing

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1108 5th Avenue, San Rafael, CA 94901

Debra Ann Whitehouse

Estate Planning, Elder Law, Trusts, Estate, Wills

Status: In Good Standing Licensed: 34 Years

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321 San Anselmo Ave, San Anselmo, CA 94960

Michael Farrell Kelly

Estate Planning, Commercial Real Estate, Trusts, Estate, Wills

Status: In Good Standing Licensed: 51 Years

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27 Southview Ter, San Anselmo, CA 94960

Michelle C. Lerman

Wills & Probate, Trusts, Estate Planning, Administrative Law

Status: In Good Standing Licensed: 41 Years

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802 B St, San Rafael, CA 94901

Nancy Lee Willet

International, Immigration, Wills, Trusts

Status: In Good Standing Licensed: 25 Years

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78 Eucalyptus Knoll St, Mill Valley, CA 94941

Ronald E Champoux

Wills, Family Law

Status: In Good Standing

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1000 4Th St, San Rafael, CA 94901

Patricia Ambrose Mayer

Other, Wills, Trusts, Estate

Status: In Good Standing

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100 Larkspur Landing Cir, Larkspur, CA 94939

Matthew W. Harris

Litigation, Wills, Trusts, Estate Planning

Status: In Good Standing Licensed: 10 Years

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700 Larkspur Landing Cir, Larkspur, CA 94939

Clyde Hobbs Charlton

Estate Planning, Elder Law, Trusts, Estate, Wills

Status: In Good Standing Licensed: 37 Years

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790 Mission Ave, San Rafael, CA 94901

Aida Milagros Del Valle

Wills, Trusts, Unfair Labor Practices

Status: In Good Standing

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90 Almond Ct, San Rafael, CA 94903

800-923-0641

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LEGAL TERMS

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

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.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

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.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

SUCCESSOR TRUSTEE

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

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.'

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

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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Stinson Beach Wills & Probate Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Julia P. Wald

Debra Ann Whitehouse

Michael Farrell Kelly

Michelle C. Lerman

Nancy Lee Willet

Ronald E Champoux

Patricia Ambrose Mayer

Matthew W. Harris

Clyde Hobbs Charlton

Aida Milagros Del Valle

TIPS

LEGAL TERMS

SURVIVING SPOUSE'S TRUST

AUGMENTED ESTATE

INHERIT

SPENDTHRIFT TRUST

SWEARING MATCH

NONPROBATE

SUCCESSOR TRUSTEE

PRETERMITTED HEIR

RESIDUARY ESTATE

SAMPLE LEGAL CASES

Guardianship of Ann S.

Schwartz v. Labow

Estate of Bennett

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