-
a proportional reduction of a legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full
abatement
-
the extinction or withdrawal of an inheritance because decedent did not own the property at the time of death
ademption
-
a man who has been appointed by the court to settle an estate
Administrator
-
a woman who has been appointed by the court to settle an estate
Administratrix
-
a gift of personal property by will
bequest
(legacy)
-
an addition or amendment of a last will and testament executed with the same formality as the will
codicil
-
a legal process used by one wishing to collect a debt from an estate
creditor's claim
-
the reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber
cremation
-
a gift of real estate made by will
devise
-
one who inherits real estate under a will
devisee
-
property would be distributed equally to the children
distribution per capita
-
distribution among heirs according to relationship to deceased
distribution per stripes
-
exists when person executes a power of attorney which will become or remain effective in the event he or she should later become disabled
durable power of attorney
-
a. inventory
b. to file and pay the descedents & estate tax returns
c. to pay claims
d. accounting
duties of personal representative
-
an interest in law for nonexclusive or intermittent use
easement
-
the inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.
eminent domain
-
forfeiture of a decedent's property to the state in the absence of heirs
escheat
-
the property of a deceased person, both real and/or personal
estate
-
a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executor
-
a woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate
executrix
-
an instrument in writing authorizing, one person to do anything for the principal. In other words, one party has full power of attorney for another party.
general power of attorney
-
a will written entirely by the testator with his own hand
holographic will
-
the estate which passes from the decedent to his/her heirs
inheritance
-
between states
interstate
-
within a state
intrastate
-
the succession of an heir at law to the property and estate of his ancestor when the latter has died without a will
intestate succession
-
-
one who inherits personal property under a will
legatee
-
a. destruction or alteration of will
b. marriage and divorce
c. execution of a later will
d. after-born child
methods of revocation
-
use of property which interferes with the public or another landowner's use of his propertya landowner's
nuisance
-
act, occupations or structures which are not nuisances per se, but may become nuisances by reason of the location or manner in which it is operated
nuisances in fact
-
act, occupations or structures which are nuisances at all times and under all circumstacnces. it may be prejudicial to public morals, dangerous to life or injurious to public rights.
nuisance per se
-
oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing, (not valid in all states).
nuncupative will
-
person who represents and administers the estate of deceased persons i.e., executors and administrators
personal representative
-
a. authorization to cremate
b. wrongdoing in the cremation process
c. misdelivery of cremated remains
d. unclaimed cremated remains
potential liabilities and precautions of funeral directors
-
testator's informing witnesses that document is will
publication
-
a. in the public interest
b. for private reason
reasons for disinterment
-
a. federal standards
b. state standards
regulatory specifications of funeral homes
-
provision in a deed limiting the use of property and prohibiting certain uses
restrictive covenant
-
the omission or cancellation of an instrument, act, license, or promise
revocation
-
an estate in which the assets exceed the liabilities
solvent estate
-
an instrument in writing authorizing one person to act as an agent for another effective only upon a certain event occurring
springing power of attorney
-
a man who makes a valid will
testator
-
a woman who makes a valid will
testatrix
-
an instrument executed with required formality by a person making disposition of their property to take effect upon their death
will
-
a law passed by a municipality by virtue of the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality
zoning ordinance
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