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Terms in this set (52)
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.
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.
A legal document that expresses 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 principle application to a court that has jurisdiction over probate matters requesting that a will be admitted to probate.
A clause at the end of a will by which witnesses verify or certify that the will was properly executed.
Something added to a will that changes or modifies it in some way. may be added to change a part of a will so that the entire will does not have to be redone.
A will made in anticipation of immediate death that is stated orally before other persons and later put in principle form.
A will that is in the handwriting of the one making it.
Commands an action while a person is still living. It is a means by which people can set limits on the efforts tot 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
A person who dies leaving a legal and valid will. If one dies leaving a will, he or she is said to die testate
A person who dies without a will. If one dies without a will, then he or she is said to have died intestate
Latin. The intention to make a will. Essential to a valid will.
The mental ability and capacity require by law to be sufficient for one to make a valid will.
Property of any kind that one owns and can dispose of in a will.
The formal declaration made be a testator or testatrix at the time a will is signed stating that it is his or her last will and testament.
Something that is given to another by a will. Usually money or personal property. A legacy.
The giving of something, such as personal property or money, to another by a will.
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.
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
The estate remaining after debts, expenses, and specific bequests have been settled.
A written request for the payment of a bill from the estate of the deceased.
Any kind of property that may be inherited.
Any article of personal property. Does not include real estate. Also referred to as chattel.
Executor (male): Administratrix (female)
A person who is appointed by the court to administer or take charge of an estate if the executor or 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 zest men tear. If the court document appoints a person as an administrator or administratrix, then the document is referred to as letters of administration.
A summons issued requiring a person to appear in court or risk losing a right to something. In probate matters, that right may be the right to inherit.
Anyone who is to receive a benefit from a will.
Cestui que trust
French. A beneficiary of a trust. A person who receives benefits from a trust
A person who has a right by law to inherit the property of another
A legal heir who is unintentionally omitted in the will be the testator or testatrix.
The right to an inheritance. The taking over of property that has been inherited.
A bequest. Usually money or personal property given to another by a will.
Revoking, recalling, or voiding a legacy. This can occur when a testator or testatrix disposes of property that is included in the will prior to the testator's or testatrix's death, thus voiding that part of the will. A reversion of property to the state if there is no individual competent to inherit it.
a reversion of property to the state if there is no individual competent to inherit it
Cy pres doctrine
French. As near as possible. The court will endeavor to carry out the testator's or testatrix's general intention as near as possible
Latin. A method of dividing an estate. If an estate is to be divided between two persons and one has died leaving three heirs, then one-half of the estate is given to the surviving person and the other half is divided among the heirs of the deceased person.
Words in a will that express a desire on the part of the testator or testatrix that are not binding upon the court.
A legal document that can be changed. A will is an ambulatory instrument because it can be changed during the lifetime of the testator or testatrix.
Property that is placed in the care of one person for the benefit of another
Property that is held in trust for the benefit of another
The life estate to which every married woman is entitled upon her husband's death. Dower rights may vary from state to state.
The future interest of the heirs of a testator or testatrix in property left to another for a specific period of time. At the end of the specified period, the property reverts back to the heirs of the testator or testatrix.
Something that cannot be voided, annulled, or revoked. A right to an estate that cannot be defeated is said to be indefeasible.
A voiding of a will by a testator or testatrix
Latin. The intent to revoke.
A person who is legally responsible for the care of a minor or an incompetent person and/or the estate of a minor or an incompetent person. The document issued by the court granting a guardian the power or authority to act on behalf of the ward is referred to as letters of guardianship
Guardian ad litem
Latin. A person designated by the court to conduct litigation on behalf of a minor.
A person who has a legal guardian. A ward may be a minor or an incompetent person.
Created by law to care for the property of an incompetent person or a minor.
One who is in charge of a conservatorship and manages the property of an incompetent person or a minor. Letters of conservatorship are issued by the court granting a conservator the power of authority to act on behalf of the conservatorship.
One appointed to act in the place of another. In some states, one who has jurisdiction over the probate of wills, guardianships, and conservatorships.
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