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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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Stephen Joseph Healy

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Estate Planning, Workers' Compensation, Insurance, Products Liability, Aviation

Stephen Healy has practiced law for over 27 years, now focusing his practice on asbestos compensation claims and asbestos civil litigation in state an... (more)

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707-772-5496

755 Baywood Drive, Petaluma, CA 94954

Adrienne M. Moran

Government Agencies, Wills & Probate, Products Liability, Medical Malpractice

Status: In Good Standing

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640 Third Street, Santa Rosa, CA 95404

Everett H. Shapiro

Products Liability, Medical Malpractice, Wills & Probate, Government Agencies

Status: In Good Standing

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640 Third Street, Santa Rosa, CA 95404

Craig Welch

Wills, Wills & Probate, Corporate, Contract

Status: In Good Standing

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809 Petaluma Boulevard North, Petaluma, CA 94952

Michael C. Fallon

Bankruptcy & Debt, Wills & Probate, Trusts

Status: In Good Standing Licensed: 45 Years

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100 E Street, Ste 219, Santa Rosa, CA 95404

Marie Galanti

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 21 Years

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1180 Fourth Street, Santa Rosa, CA 95404

Debora A. Loughner

Wills, Collaborative Law, Family Law, Divorce

Status: In Good Standing Licensed: 22 Years

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131A Stony Cir, Santa Rosa, CA 95401

James D. Krupka

Wills, Wills & Probate, Trusts, Estate Planning

Status: In Good Standing Licensed: 31 Years

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509 Orchard St, Santa Rosa, CA 95404

Daniel J. Galvin

Government Agencies, Wills & Probate, Products Liability, Medical Malpractice

Status: In Good Standing Licensed: 45 Years

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640 3rd St, Santa Rosa, CA 95404

Carmen Diane Sinigiani

Trusts, Estate

Status: In Good Standing Licensed: 19 Years

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90 S E St, Santa Rosa, CA 95404

800-923-0641

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LEGAL TERMS

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.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving 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 capita, Julie and the two grandchildren will each take a third. If, on the other hand, 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).

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.

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.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

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.

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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Santa Rosa Estate Lawyer, California

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Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Stephen Joseph Healy

Adrienne M. Moran

Everett H. Shapiro

Craig Welch

Michael C. Fallon

Marie Galanti

Debora A. Loughner

James D. Krupka

Daniel J. Galvin

Carmen Diane Sinigiani

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LEGAL TERMS

AUGMENTED ESTATE

SURVIVING SPOUSE'S TRUST

INHERITANCE TAXES

PER CAPITA

PROBATE

LAPSE

SPECIFIC BEQUEST

HOLOGRAPHIC WILL

STATUTORY SHARE

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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