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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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Anne M. Thompson

Wills, Wills & Probate, Trusts, Business Organization

Status: In Good Standing

CONTACT

9400 SW Barnes Road, Portland, OR 97225

Phillip Hingson

Family Law, Wills & Probate, Wills, Trusts

Status: In Good Standing

CONTACT

7157 SW Beveland St., Portland, OR 97223

Samuel R Justice

Real Estate, Trusts, Estate Planning, Contract

Status: In Good Standing

CONTACT

620 NE 5th Street, Mcminnville, OR 97128

Timothy J Murphy

International, Trusts, Gift Taxation, Estate

Status: In Good Standing

CONTACT

811 Sw Naito Pkwy, Happy Valley, OR 97204

Brian Jolly

Commercial Real Estate, Trusts, Business & Trade, Business Organization

Status: In Good Standing

CONTACT

121 SW Morrison St, Happy Valley, OR 97204

Michael Philip Kerner

Wills, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 45 Years

CONTACT

121 Sw Morrison Street, Happy Valley, OR 97204

Victoria D Blachly

Immigration, Trusts, Estate, Collection

Status: In Good Standing Licensed: 27 Years

CONTACT

111 Sw 5Th Ave, Happy Valley, OR 97204

Jeremy Babener

Litigation, Trusts

Status: In Good Standing Licensed: 14 Years

CONTACT

601 SW 2nd Ave, Happy Valley, OR 97204

Timothy Andrew Costello

Trusts, Real Estate

Status: In Good Standing Licensed: 14 Years

CONTACT

888 SW 5th Ave, Happy Valley, OR 97204

Eric J Wieland

Trusts, Business

Status: In Good Standing Licensed: 18 Years

CONTACT

111 Sw 5Th Ave, Happy Valley, OR 97204

800-923-0641

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LEGAL TERMS

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

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.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

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.

CERTIFICATION OF TRUST

See abstract of trust.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

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.

SAMPLE LEGAL CASES

MARRIAGE OF BROWN

... Husband appeals from a dissolution judgment awarding wife spousal support from husband's interests in two family trusts created by husband's father and grandmother. ... In this appeal, the dispute concerns the disposition of two family trusts of which husband is a beneficiary. ...

Connall v. Felton

... ORS 93.020(1). Plaintiff does not contend that the decedent created an express trust when she deeded the property to defendant. Implied trusts fall into two categories: constructive trusts and resulting trusts. Shipe et al, 206 Or. at 562, 292 P.2d 123. ...

TRUSTS OF VIEANNA ELEANOR ANDERSON TRUST DATED MAY 20, 1987 v. Anderson

275 P.3d 1017 (2012). 248 Or. App. 755. TRUSTS OF VIEANNA ELEANOR ANDERSON TRUST DATED MAY 20, 1987 v. ANDERSON. A146802. Court of Appeals of Oregon. March 7, 2012. Affirmed without opinion.

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Portland Trusts Lawyer, Oregon

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Anne M. Thompson

Phillip Hingson

Samuel R Justice

Timothy J Murphy

Brian Jolly

Michael Philip Kerner

Victoria D Blachly

Jeremy Babener

Timothy Andrew Costello

Eric J Wieland

TIPS

LEGAL TERMS

DISTRIBUTEE

GROSS ESTATE

ALTERNATE BENEFICIARY

LAPSE

CERTIFICATION OF TRUST

TAKING AGAINST THE WILL

ACCUMULATION TRUST

IRREVOCABLE TRUST

PROVING A WILL

SAMPLE LEGAL CASES

MARRIAGE OF BROWN

Connall v. Felton

TRUSTS OF VIEANNA ELEANOR ANDERSON TRUST DATED MAY 20, 1987 v. Anderson

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