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Chapter 1-2; Basic Wills, Trusts, and Estates for Paralegals
Jeffrey Helewitz. 5th Edition
129
Law
Undergraduate 4
08/25/2011

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Term
Administrator de bonis non
Definition
Personal representative appointed by the courtr when a previous administrator fails to complete the administration.
Term
Administrator cum testamento annexo
Definition
Personal representative appointed by the court when the will fails to name an executor or the named executor fails to complete the administration.
Term
Beneficiary
Definition
Person who inherits property under a will; recipient of insurance proceeds.
Term
Discretionary income
Definition
Disposable income
Term
Domicile
Definition
Legal home
Term
Administrator de bonis non
Definition
Personal representative appointed by the court when a previous administrator fails to complete the administration.
Term
Administrator cum testamento annexo
Definition
Personal representative appointed by the court when the will fails to name an executor or the named executor fails to complete the administration.
Term
Beneficiary
Definition
Person who inherits property under a will; recipient of insurance proceeds.
Term
Discretionary income
Definition
Disposable income
Term
Domicile
Definition
Legal home
Term
Donee
Definition
Recipient of a gift
Term
Donor
Definition
Person who gives a gift
Term
Endowment policy
Definition
Short-term life insurance policy in which proceeds are paid to the insured, if alive at the end of the term, or to a beneficiary named in the policy if the insured is deceased.
Term
Estate administration
Definition
Process of collecting assets, paying debts, and distributing a person’s assets after his death.
Term
Estate planning
Definition
Process of helping a person accumulate assets during his life and allocate them on his death.
Term
Executor(trix)
Definition
Personal representative named in a will.
Term
Financial plan
Definition
Strategy to help a person acquire assets.
Term
Formal administration
Definition
Estate administration including all notices and a hearing.
Term
General administrator
Definition
Personal representative appointed by the court for an intestate
Term
Incidents of ownership
Definition
Retaining rights to property, such as the ability to sell the property, benefit from the property, etc.
Term
Informal administration
Definition
Estate administration for small estates, permitted in some states.
Term
Intestate
Definition
Person who dies without a valid will.
Term
Joint tenancy
Definition
Title to property held by more than one person with a right of survivorship.
Term
Letters of administration
Definition
Court order authorizing a personal representative of an intestate to administer the estate.
Term
Letters testamentary
Definition
Court order authorizing a personal representative of an intestate to administer the estate.
Term
Living trust
Definition
Trust created to take effect during a person’s life.
Term
Marital deduction
Definition
Estate tax advantage for property given to surviving spouse—it passes tax free.
Term
Personal representative
Definition
Fiduciary responsible for administering a decedent’s estate.
Term
Probate
Definition
To prove a will is valid.
Term
Qualified terminable interest property
Definition
Property given to surviving spouse that qualifies as a marital deduction even though the spouse’s interest is not absolute ownership.
Term
Tenancy by the entirety
Definition
Joint ownership of property for legally married husbands and wives, with a right of survivorship.
Term
Testate
Definition
Person who dies with a valid will.
Term
Whole life insurance
Definition
Life insurance in which premiums and face amount remain constant and the insured has property rights in the policy.
Term
Will
Definition
Document used to dispose of a person’s property after death.
Term
Administrator de bonis non
Definition
Personal representative appointed by the court when a previous administrator fails to complete the administration.
Term
Administrator cum testamento annexo
Definition
Personal representative appointed by the court when the will fails to name an executor or the named executor fails to complete the administration.
Term
Beneficiary
Definition
Person who inherits property under a will; recipient of insurance proceeds.
Term
Discretionary income
Definition
Disposable income
Term
Domicile
Definition
Legal home
Term
Donee
Definition
Recipient of a gift
Term
Donor
Definition
Person who gives a gift
Term
Endowment policy
Definition
Short-term life insurance policy in which proceeds are paid to the insured, if alive at the end of the term, or to a beneficiary named in the policy if the insured is deceased.
Term
Estate administration
Definition
Process of collecting assets, paying debts, and distributing a person’s assets after his death.
Term
Estate planning
Definition
Process of helping a person accumulate assets during his life and allocate them on his death.
Term
Executor(trix)
Definition
Personal representative named in a will.
Term
Financial plan
Definition
Strategy to help a person acquire assets.
Term
Formal administration
Definition
Estate administration including all notices and a hearing.
Term
General administrator
Definition
Personal representative appointed by the court for an intestate
Term
Incidents of ownership
Definition
Retaining rights to property, such as the ability to sell the property, benefit from the property, etc.
Term
Informal administration
Definition
Estate administration for small estates, permitted in some states.
Term
Intestate
Definition
Person who dies without a valid will.
Term
Joint tenancy
Definition
Title to property held by more than one person with a right of survivorship.
Term
Letters of administration
Definition
Court order authorizing a personal representative of an intestate to administer the estate.
Term
Letters testamentary
Definition
Court order authorizing a personal representative of an intestate to administer the estate.
Term
Living trust
Definition
Trust created to take effect during a person’s life.
Term
Marital deduction
Definition
Estate tax advantage for property given to surviving spouse—it passes tax free.
Term
Personal representative
Definition
Fiduciary responsible for administering a decedent’s estate.
Term
Probate
Definition
To prove a will is valid.
Term
Qualified terminable interest property
Definition
Property given to surviving spouse that qualifies as a marital deduction even though the spouse’s interest is not absolute ownership.
Term
Summary proceedings
Definition
Abbreviated administration permitted in some states for small estates.
Term
Tenancy by the entirety
Definition
Joint ownership of property for legally married husbands and wives, with a right of survivorship.
Term
Term life insurance
Definition
Life insurance in which premiums increase periodically, the insured has no cash surrender value, and the face amount decreases over time.
Term
Testate
Definition
Person who dies with a valid will.
Term
Venue
Definition
Physical location of the appropriate court.
Term
Whole life insurance
Definition
Life insurance in which premiums and face amount remain constant and the insured has property rights in the policy.
Term
Will
Definition
Document used to dispose of a person’s property after death.
Term
Accounts receivable
Definition
Money owed to a business from customers for property or services sold.
Term
Annuity
Definition
Periodic payments of fixed sums of money.
Term
Bond
Definition
Evidence of indebtedness secured by a specific piece of property, paying interest until the loan is repaid.
Term
Chose in action
Definition
One form of intangible personal property.
Term
Closely held
Definition
Privately owned corporation.
Term
Community property
Definition
Method of holding title to property acquired during marriage; each spouse owns one half of the property.
Term
Concurrent ownership
Definition
Fee estate held by two or more persons.
Term
Condominium
Definition
Type of ownership of real estate with some attributes of a tenancy in common.
Term
Conveyance
Definition
Transfer of real estate.
Term
Co-operative
Definition
Type of interest in realty evidenced by owning shares; considered personal property.
Term
Copyright
Definition
Government grant of exclusive use of artistic and literary works given to the creator.
Term
Curtesy
Definition
Old forem of widower’s right in property of deceased husband.
Term
Easement
Definition
Right of access over or use of another person’s land.
Term
Elective share
Definition
Forced share.
Term
Estate
Definition
Right in real property
Term
Face value
Definition
Amount appearing on a bond or debenture; amount of the loan
Term
Fee
Definition
Estate in real property.
Term
Fee simple
Definition
Highest form of estate.
Term
Fixture
Definition
Property attached to buildings considered to be real property.
Term
Foreclosure
Definition
Right of mortgagee to seize and attach real estate for non-payment of the loan.
Term
Forced share
Definition
Current right of surviving spouse to a protion of deceased spouse’s property.
Term
Freehold
Definition
Estate in land for anindefinite period.
Term
Gift
Definition
Method of acquiring property whereby the recipient gives no consideration.
Term
Goodwill
Definition
Intangivle asset of a business based on the business’ reputation.
Term
Grantee
Definition
Recipient of real estate.
Term
Grantor
Definition
Transferor of real estate.
Term
Homestead exemption
Definition
Estate property not subject to creditors’ claims.
Term
Intangible
Definition
Personal property that represents something of value but may have little intrinsic value itself.
Term
Joint tenancy
Definition
Method of multiple ownership of property with right of survivorship.
Term
Landlord
Definition
Person who leases real estate.
Term
Leasehold
Definition
Tenancy in real estate for affixed period of time.
Term
Lessee
Definition
Tenant
Term
Lessor
Definition
Landlord.
Term
License
Definition
Grant of use of intellectual property given by the holder of the exclusive right to the property.
Term
Life estate
Definition
Tenancy for a period of a person’s life
Term
Life estate pur autre vie
Definition
Tenancy for the life of another person.
Term
Mark
Definition
Exclusive right to use a name or symbol that designates a service or trade.
Term
Mortgage
Definition
Security interest on real estate.
Term
Mortgagee
Definition
Person who gives a mortgage to purchase real estate.
Term
Mortgagor
Definition
Person who takes a mortgage to purchase real estate.
Term
Personal property
Definition
Property that is movable and or intangible, not real property.
Term
Power of appointment
Definition
Authority to select a successor beneficiary.
Term
Prepaid expense
Definition
Right to receive goods or services previously paid for.
Term
Quiet title
Definition
Action to settle title to real estate.
Term
Real property
Definition
Land and anything permanently affixed to the land.
Term
Remainderman
Definition
Person in whom legal and equitable titles merge.
Term
Rent
Definition
Fee paid by a tenant to a landlord.
Term
Royalty
Definition
Fee paid by a licensee to the holder of a copyright.
Term
Secured interest
Definition
Creditor’s right to specific property which has b een set aside to satisfy the creditor in case of default.
Term
Securities
Definition
Contractual, proprietary interests between an investor and a business, evidenced by stocks, bonds, etc.
Term
Share
Definition
Stock; portion of a corporation owned by an investor.
Term
Sole proprietorship
Definition
Business owned by one person.
Term
Statutory share
Definition
Forced share of the decedent’s estate.
Term
Stock
Definition
Evidence of ownership in a corporation.
Term
Straw man
Definition
Method of changing title held by multiple owners.
Term
Tangible property
Definition
Personal property that is moveable or touchable.
Term
Tenancy
Definition
Right to real property.
Term
Tenancy by the entirety
Definition
Joint ownership of property between legally married couples.
Term
Tenancy in partnership
Definition
Multiple ownership of property by business partners; property passes to surviving partners, heirs of deceased partner receive the value of the deceased partner’s interest in the property.
Term
Tenancy in common
Definition
Multiple ownership of property in which each cotenant owns a divisible portion of the whole.
Term
Tenancy in severalty
Definition
Ownership in real estate by just one person.
Term
Tickler
Definition
Checklist or deadline reminder system.
Term
Title
Definition
Evidence of ownership or possession of property.
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