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BL 367 - Chapter 2
Descent and Distribution
21
Law
Undergraduate 3
09/30/2012

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Term
Nonprobate Property
Definition

Assets with distribution at death determined by the terms of a property arrangement

(ex. life insurance, pay-on-death accounts)

Term
Probate Estate
Definition
Assets with distribution at death determined by the terms of a will or the intestate succession statues
Term
Intestate succession
Definition
The passage of property when a decedent dies without a valid will
Term
Intestate as to the Person
Definition
No valid will exists
Term
Intestate as to Property
Definition
A valid will fails to dispose of all the probate estate
Term
Primogeniture
Definition
A rule of descent under which the oldest male inherits real property to the exclusion of youner males of equal relationshio to the decendent
Term
Canon Law
Definition
The law applied by ecclesiastical (church) courts
Term
Inchoate Interest
Definition
An interest that has not fully developed or vested
Term
Life Estate
Definition
An estate in property lasting for the life of a designated person, usually the owner of the estate
Term
Dower Rights
Definition
A surviving wife's rights in her deceased husband's real property
Term
Curtesy Rights
Definition
A surviving husband's rights in his deceased wife's real property
Term
Per Capita Distribution
Definition
Distributing property in which distributees of equal degree take equal shares
Term
Per Stirpes
Definition
Distributees take shares by right of presentation at the generation closest to the decedent
Term
Per Capital With Representation
Definition
Distributees take shares by right of representation at the generation with living members closest to the decedent
Term
Per Capita at Each Generation
Definition
Distributees of the same generation take equal portions of a share determined by right or representation at the generation with living members closest to the decendent
Term
Parentelic System
Definition
System distributing shares of intestate property equally between maternal ancestors and collaterals and paternal ancestors and collaterals
Term
Laughing Heirs
Definition
Remote relatives without an emotional or financial interest in an intestate decedent
Term
Degree-of-Relationship Systems
Definition
Determining heirs by counting degrees of kinship between an heir and a decedent
Term
Civil Law Degree-of-Relationship System
Definition
Counting the steps from a decedent to an heir through a common ancestor and using the total number of steps
Term
Canon Law Degree-of-Relationship System
Definition
The degree of relationship by counting the steps from a decedent to an ancestor and from an heir to that ancestor and using the larger number of steps
Term
Escheat
Definition
Process by which the property of an intestate passes to the state government
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