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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: Gift Taxation

M. Scott Leibenguth

Farms, Estate Planning, Family Law, Divorce

Status:

CONTACT

1500 S.W. First Avenue, Portland, OR 97201

Aaron D Cilek

Estate Planning, Contract, Commercial Real Estate, Estate, Wills

Status:

CONTACT

6500 S Macadam Ave, Happy Valley, OR 97239

Aaron S Lohman

Estate Planning, Business & Trade, Bankruptcy

Status: Licensed: 11 Years

CONTACT

1530 Sw Taylor St, Portland, OR 97205

Abby Wool Landon

Tax, Litigation, Estate Planning, Business

Status: Licensed: 34 Years

CONTACT

7355 Sw Hermoso Way, Happy Valley, OR 97223

Adam Carl Kobos

Tax, International Tax, International, Gift Taxation

Status: Licensed: 23 Years

CONTACT

100 Sw Main St, Happy Valley, OR 97204

Alexander A Redmond

Landlord-Tenant, Agriculture, Estate Planning, Estate, Federal

Status: Licensed: 9 Years

CONTACT

273 N Grant St, Canby, OR 97013

Alexandra Thompson Devendra

Electronic Commerce, Trusts, Estate Planning, Employment Discrimination

Status: Licensed: 14 Years

CONTACT

511 Sw 10Th Ave, Happy Valley, OR 97205

Amanda Faye Bierbrauer

Estate Planning, Electronic Commerce

Status: Licensed: 4 Years

CONTACT

1257 Sw 6Th Cir, Troutdale, OR 97060

Amy Elvira Bilyeu

International Tax, International, Estate Planning, Estate

Status: Licensed: 24 Years

CONTACT

900 Sw 5Th Ave, Happy Valley, OR 97204

Amy L Davidson

Estate Planning, Estate, Guardianships & Conservatorships, Elder Law

Status: Licensed: 22 Years

CONTACT

6500 Sw Macadam Ave, Portland, OR 97239

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LEGAL TERMS

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

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.

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.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

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.

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.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

SAMPLE LEGAL CASES

Connall v. Felton

... a friend. The deed stated that "[t]he true and actual consideration paid for this transfer is $-0-; estate planning." The decedent had the deed notarized at a title insurance company and then recorded the deed. Plaintiff learned ...

LANDAUER v. LANDAUER

... that defendants had acted in concert to exercise undue influence over Henry and Gertrude in a manner that induced them to sell the farm for less than its fair market value under terms that they did not comprehend and that were inconsistent with their estate planning objectives. ...

Brightwood Estate Planning Lawyer, Oregon

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

M. Scott Leibenguth

Aaron D Cilek

Aaron S Lohman

Abby Wool Landon

Adam Carl Kobos

Alexander A Redmond

Alexandra Thompson Devendra

Amanda Faye Bierbrauer

Amy Elvira Bilyeu

Amy L Davidson

TIPS

LEGAL TERMS

STATUTORY SHARE

RESIDUARY BENEFICIARY

DOWER AND CURTESY

AUGMENTED ESTATE

SURVIVING SPOUSE'S TRUST

PROVING A WILL

ABATEMENT

LIFE BENEFICIARY

GRANTOR RETAINED INCOME TRUST

SAMPLE LEGAL CASES

Connall v. Felton

LANDAUER v. LANDAUER

Landauer v. Landauer

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