Chapter 19 Wills, Trusts, and Estates Flashcards

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1
Q

Interstate

A

Those who die without a valid will are said to have died interstate

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2
Q

Administrator

A

To take charge of the intestate’s property

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3
Q

Estate

A

Uses the property of the decease, to pay all debts, including the cost of administering the estate

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4
Q

Testate

A

Means the decedent die leaving a will

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5
Q

Decedent

A

The person who passes on

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6
Q

Wills

A

A legal expression usually in writing by which a person directs how her/his property is to be distributed after death

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7
Q

Testator

A

A maker of a will

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8
Q

Executor

A

Personal representive

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9
Q

Posting bond

A

Can specify that the executor be exempt from paying the court a sum of money to ensure duties are properly performed

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10
Q

Living Will

A

A term used for a document directed to attending to a person’s choice about life support

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11
Q

Durable Power of Attorney

A

Alternative to having a loving will which confers on a court appointed individual the right to make health care decisions regarding life support

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12
Q

Testamentary Intent

A

Testator must have clear intentions of making a will

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13
Q

Testamentary Capacity

A

Means the maker must know the event of the property involved, person who stands to benefit, and that they are making arrangements to dispose of their property after death

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14
Q

Codicil

A

Formal, written and witnessed amendment executed using the same formalities as the original creation of will

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15
Q

Holographic Will

A

Wills that are valid with out witnesses, has been written entirety by the decedent’s own hand and sign by them

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16
Q

Nuncupative Will

A

Oral will

17
Q

Enoch Arden Laws

A

Person can be declared dead after several years 5~7 if a person simply vanishes without a trace

18
Q

Per Capita

A

Splitting the property equally among living descendants

19
Q

Settlor

A

Creator of the trust

20
Q

Beneficiary

A

Party for whose benefit the trust is managed in accordance with the settlers wishes

21
Q

Trustee

A

Legal entity that has the title to the property named in the trust

22
Q

Trust

A

An immediate transfer of control of some or all of ones property to another party with instructions on how it is to be managed for the benefit of the transferor