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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

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LEGAL TERMS

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

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.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

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.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

CURATOR

See conservator.

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.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

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

IN TERROREM

PROBATE

GENERATION-SKIPPING TRANSFER TAX

SPRINKLING TRUST

GENERATION-SKIPPING TRUST

DISINHERIT

CURATOR

ESTATE TAXES

ABATEMENT

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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