Linden Wills & Probate Lawyer, California, page 2

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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

Michael Fred Babitzke

Wills & Probate, Criminal, Business, Personal Injury

Status: Licensed: 53 Years

CONTACT

6 S El Dorado St, Stockton, CA 95202

Howard Lester Seligman

Landlord-Tenant, Real Estate, Wills & Probate, Divorce & Family Law

Status: Licensed: 64 Years

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5630 St. Andrews Drive, Stockton, CA 95219

Jeffrey David Heiser

Real Estate, Wills & Probate, Trusts, Estate, Business

Status: Licensed: 50 Years

CONTACT

949 N Center St, Stockton, CA 95202

Janice Lynne Gilford

Wills, Trusts, Estate Planning, Estate

Status: Licensed: 43 Years

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6333 Pacific Ave, Stockton, CA 95207

Howard Burton Garey

Wills, Trusts, Estate Planning, Estate

Status: Licensed: 48 Years

CONTACT

877 E March Ln, Stockton, CA 95207

Mary Ann F. Bird

Garnishment, Estate Administration, Consumer Bankruptcy, Personal Injury

Status: Licensed: 25 Years

CONTACT

2111 W March Ln, Stockton, CA 95207

Patrick Curry

Wills, Family Law, Divorce & Family Law, Personal Injury

Status:

CONTACT

5637 N Pershing Ave, Stockton, CA 95207

Wendy Misao Morodomi

Estate Planning, International Tax, Trusts, Estate, Wills

Status: Licensed: 21 Years

CONTACT

1810 Grand Canal Blvd, Stockton, CA 95207

George Joseph Manassero

Wills, Trusts, Estate Planning, Estate

Status: Licensed: 41 Years

CONTACT

1833 W March Ln, Stockton, CA 95207

June Darice Jantz

Other, Wills & Probate, Trusts, Estate

Status: Licensed: 31 Years

CONTACT

1919 Grand Canal Blvd, Stockton, CA 95207

800-923-0641

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LEGAL TERMS

DEVISEE

A person or entity who inherits real estate under the terms of a will.

NET ESTATE

The value of all property owned at death less liabilities or debts.

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.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

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.'

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.

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.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

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.

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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Linden Wills & Probate Lawyer, California, page 2

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Michael Fred Babitzke

Howard Lester Seligman

Jeffrey David Heiser

Janice Lynne Gilford

Howard Burton Garey

Mary Ann F. Bird

Patrick Curry

Wendy Misao Morodomi

George Joseph Manassero

June Darice Jantz

TIPS

LEGAL TERMS

DEVISEE

NET ESTATE

AUGMENTED ESTATE

PER STIRPES

LIVING TRUST

GROSS ESTATE

SPENDTHRIFT TRUST

POWER OF APPOINTMENT

GENERATION-SKIPPING TRUST

SAMPLE LEGAL CASES

Guardianship of Ann S.

Schwartz v. Labow

Estate of Bennett

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