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chapter 15

Terms in this set (27)

Durable power of attorney
A written power of attorney giving someone the power to act for a person if he or she becomes disabled. To be valid, it must be signed prior to a person becoming disabled. the person appointed to act is sometimes referred to as an attorney in fact.
Probate
The official proving of a will as being valid or genuine. In a broader sense, it refers to all matters over which a probate court has jurisdiction.
Will
A legal document that express how one wants property disposed of upon his or her death. Also referred to as a last will and testament or testament.
Petition for Probate
A written application to a court that has jurisdiction over probate matters requesting that a will be admitted to probate.
Attestation Clause
A clause at the end of a will by which witness verify or certify that the will was properly executed.
Codicil
Something added to a will that changes or modifies it in some way. A codicil may be added to changes a part of a will so that the entire will does not have to be redone.
Nuncupative Will
A will made in anticipation of immediate death that is stated orally before other persons and later put in written form.
Holographic Will
A will that is in the handwriting of the one making it.
Living Will
Commands an action while a person is still living. It is a means by which people can set limits on the efforts to keep them alive beyond the point they would choose themselves.
Testator (male)
Testatrix (female)
A person who makes a will or a person who dies that has made a will.
Testate
A person who dies leaving a legal valid will/ If one dies leaving a will, he or she is said to have died testate.
Intestate
A person who dies without a will. If one dies without a will, then he or she is said to have died intestate.
Animus Testandi
Latin,The intention to make a will. Essential to a valid will
Testamentary Capacity
The mental ability and capacity required by law to be sufficient for one to make a valid will
Estate
Property of any kind that one owns and can dispose of in a will.
Publication
The formal declaration made by a testator or testatrix at the time a will is signed stating that is is his or her last will and testament.
Bequest
Something that is given to another by a will. Usually money or personal property. A legacy.
Bequeath
The giving of something, such as personal property or money, to another by a will.
Devise
A bequest or to bequeath. Usually refers to real property that is given by will, but it may also refer to any property that is given by will or the giving of property by will.
Abatement
A decrease in the bequests or legacies because there is not enough money in the estate to pay the full amount. The bequests or legacies are usually decreased proportionately.
Residuary Estate
The estate remaining after debts, expenses, and specific bequests have been settled.
Creditor's claim
A written request for the payment of a bill from the estate of a the deceased.
Hereditaments
Any kind of property that my be inherited.
Tangible property
Any article of personal property. Does not include a real estate. Also referred to as a chattel.
Executor (male)
Executrix (female)
A person named by a testator or testatrix to carry out the directions as stated in a will. Referred to in some states as a personal representative.
Administrator (male)
Administratrix (female)
A person who is appointed by the court to administer or take charge of an estate if the executrix is unable or unwilling to serve or if a person dies intestate.
Letters of Authority
A document issued by the probate court appointing a person as executor/executrix, or personal representative, of an estate. Also referred to in some states as letters testamentary. If the court document appoints a person as an administrator or administratrix, then the document is referred to a letters of administration.
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