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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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Christine James

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Estate, Trusts, Estate Planning, Wills & Probate, Real Estate

At James Law Group, we understand that talking about estate issues is hard.Planning during your life means facing your mortality.Dealing with estate m... (more)

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800-816-3270

915 Highland Pointe Drive, Roseville, CA 95678

John M. Goralka

International Tax, Trusts, Estate Planning, Estate, Business

Status: In Good Standing

CONTACT

4470 Duckhorn Dr, Sacramento, CA 95834

Frances An

Trusts, Family Law

Status: In Good Standing Licensed: 21 Years

CONTACT

Rio Linda, CA 95673

Mark Steven Drobny

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 44 Years

CONTACT

4180 Truxel Rd, Sacramento, CA 95834

John Michael Goralka

Estate Planning, International Tax, Business, Trusts, Estate

Status: In Good Standing

CONTACT

4470 Duckhorn Dr, Sacramento, CA 95834

Tracy Marie Potts

Trusts, Estate Planning, Estate, Divorce & Family Law

Status: In Good Standing Licensed: 34 Years

CONTACT

180 Promenade Cir, Sacramento, CA 95834

Marc Philip Bratman

Real Estate, Social Security, Trusts, Gift Taxation, Family Law

Status: In Good Standing Licensed: 51 Years

CONTACT

2612 Aspen Valley Ln, Sacramento, CA 95835

Lawrence W. Miles

Other, Trusts, Collection, Medical Malpractice

Status: In Good Standing

CONTACT

3838 Watt Ave, Sacramento, CA 95821

Venita Louise Metzinger

Trusts, Workers' Compensation

Status: In Good Standing Licensed: 32 Years

CONTACT

3838 Watt Ave, Sacramento, CA 95821

Joshua Benjamin Eisenberg

Elder Law, Estate, Wills & Probate, Trusts

Status: In Good Standing Licensed: 13 Years

CONTACT

3550 Watt Avenue, Sacramento, CA 95816

800-923-0641

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LEGAL TERMS

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.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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.

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

INTER VIVOS TRUST

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

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

GRANTOR

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

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.

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.

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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Elverta Trusts Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Christine James

John M. Goralka

Frances An

Mark Steven Drobny

John Michael Goralka

Tracy Marie Potts

Marc Philip Bratman

Lawrence W. Miles

Venita Louise Metzinger

Joshua Benjamin Eisenberg

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LEGAL TERMS

SUMMARY PROBATE

DOWER AND CURTESY

RESIDUARY ESTATE

SPECIAL ADMINISTRATOR

INTER VIVOS TRUST

LIVING TRUST

GRANTOR

ESTATE TAXES

SWEARING MATCH

SAMPLE LEGAL CASES

Schwartz v. Labow

In re Estate of Young

Bilafer v. Bilafer

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