The reduction of a dead human body to inorganic bone fragments by intense heat by specifically designed retort or chamber is
Get signed by all who may have any say in the disposition of the deceased even if they do not have primary right.
_______________ is the single most serious civil misdeed that a funeral home can commit.
Cremation of the wrong body
To prevent cremation of the wrong body, _________________ is of the utmost importance.
To protect the Funeral home from Liability, it is imperative that the Funeral director obtain __________ to cremate the body.
One of the claims made in recent cases on cremation liability, is that the surviving spouse or next of kin did not give __________.
The __________ is up to the family and in accordance with the law if any.
disposition of cremated remains
Do not throw away, dump, discard, or scatter
But store unclaimed cremated remains.
Cremation of the wrong body, wrong cremated remains returned to the family is considered a __________.
One of the unethical practices that has been the subject of many cremation liability cases is __________ of cremated remains.
The proving of a will is called ___________.
A legal document directing how real and personal property should be distributed after the death of a person making the document is a ______.
While all states have their own laws describing the requirements of a valid will most include
testamentary capacity; freedom from duress, fraud, undue influence; be in writing; and have witnesses. ALL OF THE ABOVE!
Reference to mental and physical mental condition refers to the physical and mental condition of the person making the will
Legal age varies from
state to state.
A will written completely in the maker's handwriting, and then signed and dated is a
An oral will is a
In those states in which it is permitted, it is valid if only made only during the maker's final Illness and in the presence of witnesses
an oral will.
One type of special will that is made by a person of active duty in the armed forces that may be oral or written is a
Soldiers and Sailors Will.
Like a valid contract, a valid will must always be for a
A valid will must normally be __________, an exception to these requirements is the Nuncupative.
To be valid a will must be signed by the
In most states, a will must be signed in the presence of
2 or 3 witnesses.
A will written entirely in the Testator's own hand is a
A Soldiers and Sailors Will is a nuncupative will, informal in nature in which the soldier in the field or sailor at sea may
dispose of personal property only.
The cancellation of an instrument, act, license, or promise
Additions or corrections to a will
The revocation of a will may occur by
the act of testator, operation of law, codicil - all of these!
An addition or amendment of a last will and testament executed with the same formality of the will
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
The extinction or withdrawal of an inheritance because the decedent did not own the property at the time of death
The state or condition of dying without having made a will
Order of intestate succession
surviving spouse, children, surviving parents
A method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent
The method of dividing where a class or group of descendents take the share which their deceased would have been entitled to, had their deceased survived
Forfeiture of a decedent's property to the state in the absence of heirs
A man appointed in the will to carry out the provisions thereof and settle the estate
A man appointed by the court to settle the estate
Duties of the personal representative have
to inventory the estate, file and pay decedent's taxes, and pay claims - all of these!
One who inherits
One who inherits personal property under a will
One who inherits real estate under a will
A gift of personal property by a will
Legacy or Bequest
A gift of real estate under a will
Insolvent estate (state statute controls priority of claims) - usual priority of claims:
1. Funeral expenses
2. Administrative expenses
4. Last illness
An instrument in writing authorizing one person to act as agent for another
power of attorney
Power of Attorney may be:
general, springing, durable - all of these!
An instrument in writing authorizing one person to do anything for the principal
General Power of Attorney
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
Exists when a 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 document which governs the withholding or withdrawal of life
sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time Living Will
A federal statute that governs express and implied warranties
Magnuson-Moss Warranty Act
Generally, the purpose of the employment provisions of the __________ prohibits employers from discriminating against disabled individuals.
Americans with Disabilities Act (ADA)
Funeral homes with 15 or more employees fall under the coverage of employment
related provisions of the ADA.
Under the __________ of the OSHA, the employer must furnish each employee with employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees.
General Duty Clause
Training records, under the Bloodborne Pathogen Standard, must be kept for __________ from the date of training.
The Fair Labor Standard Act (FLSA) covers which of the following areas of employment law that are important to funeral service
minimum wage, overtime compensation, and equal pay - all of these!