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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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Leigh Ellen Johnson

Litigation, Wills, Family Law, Personal Injury

Status: In Good Standing

CONTACT

3150 Hilltop Mall Rd, San Pablo, CA 94806

Kathleen A Hunt

Other, Communication & Media Law, Immigration, Trusts, Defamation & Slander

Status: In Good Standing

CONTACT

6002 Barrett Ave, El Cerrito, CA 94530

Peter August Hass

Trusts, Estate, Corporate

Status: In Good Standing

CONTACT

3700 Barrett Ave, El Sobrante, CA 94805

Howard Phillip Abelson

Commercial Real Estate, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 56 Years

CONTACT

3220 Blume Dr, El Sobrante, CA 94806

Joel David Abelson

Trusts, Estate, Employee Rights, Employment

Status: In Good Standing Licensed: 9 Years

CONTACT

3220 Blume Dr, El Sobrante, CA 94806

David Roger Welden

Trusts, Estate

Status: In Good Standing Licensed: 43 Years

CONTACT

623 Ventura St, El Sobrante, CA 94805

Adriana J Quintero

Wills, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 32 Years

CONTACT

7511 Fairmount Ave, El Cerrito, CA 94530

Angelina Rocco

Trusts, Workers' Compensation, Employment

Status: In Good Standing Licensed: 28 Years

CONTACT

3229 Barrett Ave, Richmond, CA 94804

Alice K Dueker

Wills, Trusts, Estate Planning

Status: In Good Standing Licensed: 15 Years

CONTACT

N/A, Richmond, CA 94804

Catherine R. Trimbur

Trusts, Family Law, Divorce & Family Law

Status: In Good Standing Licensed: 42 Years

CONTACT

Berkeley, CA 94707

800-923-0641

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LEGAL TERMS

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.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

INTER VIVOS TRUST

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

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.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

CURATOR

See conservator.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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.

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

In re Estate of Young

Stephen Parker, as administrator of the estate of Irma E. Young, deceased (the Estate), filed this petition under Probate Code section 850, subdivision (a), [1] to request an order and judgment establishing the Estate's ownership of certain real property and personal property held by ...

Estate of Kievernagel

In this case we must decide whether a widow has the right to use her late husband's frozen sperm to attempt to conceive a child where her late husband signed an agreement with the company storing the frozen sperm providing that the frozen sperm was to be discarded upon his ...

Estate of Bennett

Claimants Smith Heavy Industrial Transit Corporation and Advanced Development Holdings, Inc. (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 ...

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El Sobrante Estate Lawyer, California

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Leigh Ellen Johnson

Kathleen A Hunt

Peter August Hass

Howard Phillip Abelson

Joel David Abelson

David Roger Welden

Adriana J Quintero

Angelina Rocco

Alice K Dueker

Catherine R. Trimbur

TIPS

LEGAL TERMS

RESIDUARY ESTATE

TRUST DEED

INTER VIVOS TRUST

DOWER AND CURTESY

TESTAMENTARY TRUST

CURATOR

NONPROBATE

PROVING A WILL

GENERATION-SKIPPING TRUST

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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