Term
|
Definition
| First Paragraph of the Will---"I, Lorraine Vizard, declare this to be..." This clause identify the maker(Testator), identify your domicile (at least to county and state), |
|
|
Term
|
Definition
| a statement in a will that revokes all prior wills and codicils" |
|
|
Term
| Provision for payment of debts and funeral expenses |
|
Definition
| debts paid out of my residuary estate specific fund; sell particular property, funeral expenses limit the amount the personal representative can pay unless otherwise stated in the will |
|
|
Term
| Unpaid charitable pledges |
|
Definition
| a clause that says I want my charitable pledges paid. If the clause is not in the will, then the charitable pledge is not enforceable. |
|
|
Term
|
Definition
| the will is not the best place for burial instructions. The decedent is usually buried before the will is read. |
|
|
Term
| Uniform Anatomical Gift Act |
|
Definition
| an anatomical gift of a donor's body or body part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in G.S. 130A-412.7 *can have request put on driver's license. |
|
|
Term
| Specific Testamentary Gifts |
|
Definition
| A specific gift is the first to be adeemed, (give away first, if you don't then it will be given away in your residuary.) Specific gifts (clothes, jewelry etc.) A gift of a named item(not $ that is a general gift) |
|
|
Term
|
Definition
| a statement that there is a "writing" outside of the will with requests that advise how other property should be distributed. |
|
|
Term
|
Definition
| when different families are join/united together |
|
|
Term
|
Definition
| $1,500 or less - to parent or guardian in their household *Over $1,500 has to go to Clerk of Superior Court until children turns 18 years of age |
|
|
Term
|
Definition
| A clause in a will that disposes of the remaining assets (residue) of the decedent after all debts and gifts in the will are satisfied. |
|
|
Term
| Appointment of Personal Representative |
|
Definition
| name an alternate representative |
|
|
Term
|
Definition
Of property - Trustees
Of person of a minor- Personal Guardians |
|
|
Term
| Simultaneous Death Clause |
|
Definition
| you must survive 120 hours beyond the decedent to take under the will. The SDC Act is enforced unless otherwise stated in a will. |
|
|
Term
|
Definition
| wrap up your will. "I am signing"...it contains self-proving provisions of the will which declares I am signing this and declare it to be my will. Signing willingly. |
|
|
Term
| Self-proving will provisions |
|
Definition
| statutory language (clause) at the end of the will that contains an acknowledgment or affidavit of the testator and affidavits of witnesses signed by them in the presence of a notary public who also signs and seals it. Sworn, written testimony. This clause is used to replace the traditional attestation clause.and it functions as the evidence of the witnesses when the will is probated. |
|
|
Term
|
Definition
| (Durable)- when one person (principal) give another person (the agent or the attorney-in-fact) the right to take action on his behalf. |
|
|
Term
| General (POA) power of attorney |
|
Definition
| gives broad powers to the agent, to do whatever the principal can do. "Everything." Attorney-in-fact. |
|
|
Term
|
Definition
| limited powers to an agent as specified by the document. Example: Sign a deed on the principal's behalf. |
|
|
Term
|
Definition
| Highest form of duty to act in the best interest of the principal. |
|
|
Term
|
Definition
| means it survives the incompetence of the Principal. |
|
|
Term
| Health Care Power of Attorney (HCPOA) |
|
Definition
| appoint someone you trust to make decisions for you when you cannot make those decisions yourself. Advantages-tells healthcare providers who they can talk to about your condition. |
|
|
Term
| Advance Directive for Natural Death - "Living Will" |
|
Definition
| orders for your care at the end of life - coma, cannot speak, no capacity to make decisions for yourself, incurable disease, dementia |
|
|
Term
| Health Insurance Portability and Accountability Act(HIPAA) Release |
|
Definition
| This release form allows the doctors to give the agent/HCPOA medical information about the principal's health condition. |
|
|
Term
| (MOST) Medical order for scope of treatment |
|
Definition
| form is bight pink. This is signed with a doctor/healthcare agent to determine nutrition,hydration,artificial life preserving measures. These are orders the doctor will follow. |
|
|
Term
|
Definition
| Do Not Attempt Resuscitation! color of form is yellow gold |
|
|
