Walnut Creek Wills & Probate Lawyer, California

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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

Masood Ahmed Khan

Estate Planning, Immigration, Business, Trusts, Wills

Status: In Good Standing Licensed: 25 Years

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425 Broderick St, Alamo, CA 94507

Amir Atashi Rang

Wills

Status: In Good Standing Licensed: 3 Years

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6150 Center St, Clayton, CA 94517

James William Mcdougald

Wills, Trusts, Estate, Elder Law

Status: In Good Standing Licensed: 12 Years

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1340 Shell Ln, Clayton, CA 94517

Larry Joseph Burge

Litigation, Wills, Trusts, Elder Law

Status: Inactive Licensed: 51 Years

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246 Stranahan Cir, Clayton, CA 94517

Angela Rose Breslin

General Practice

Status: In Good Standing Licensed: 9 Years

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3053 Windmill Canyon Dr, Clayton, CA 94517

Randolph Stein

Commercial Real Estate, Wills, Trusts, Elder Law

Status: In Good Standing Licensed: 32 Years

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1320 Willow Pass Rd, Concord, CA 94520

John Eugene Gonzales-Madrid

Wills & Probate, Estate, Divorce & Family Law, Accident & Injury

Status: In Good Standing Licensed: 36 Years

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1390 Willow Pass Rd., Concord, CA 94520

Daniel T. Platt

Litigation, Lawsuit & Dispute, Wills & Probate, Personal Injury

Status: In Good Standing Licensed: 8 Years

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2450 Stanwell Drive, Concord, CA 94520

Patanisha Ena Davis-Jenkins

Wills & Probate, Trusts, Estate

Status: In Good Standing Licensed: 13 Years

CONTACT

1850 Gateway Blvd, Concord, CA 94520

800-923-0641

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LEGAL TERMS

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

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.

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.

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.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

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.

CURATOR

See conservator.

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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Walnut Creek Wills & Probate Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

James Joseph Fishel

Masood Ahmed Khan

Amir Atashi Rang

James William Mcdougald

Larry Joseph Burge

Angela Rose Breslin

Randolph Stein

John Eugene Gonzales-Madrid

Daniel T. Platt

Patanisha Ena Davis-Jenkins

TIPS

LEGAL TERMS

GROSS ESTATE

SWEARING MATCH

SPENDTHRIFT TRUST

POUR-OVER WILL

INVENTORY

LAPSE

NONPROBATE

CURATOR

PROBATE

SAMPLE LEGAL CASES

Guardianship of Ann S.

Schwartz v. Labow

Estate of Bennett

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