Chapter 52 Flashcards

1
Q

What is the term for settling an estate through the court system?

A

Probate

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2
Q

Beneficiary

A

The person who receives property under a will

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3
Q

What is the term for the process by which an individual decides what to do with their real and personal property during and after life?

A

Estate planning

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4
Q

The individual who writes the will.

A

Testator

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5
Q

How must a trust terminate

A

On a set date

When an event occurs

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6
Q

When a person dies without a will then that individual is said to have died

A

Intestate

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7
Q

What uniform law deals with areas of estate planning including topics in wills and gifts?

A

Uniform Probate Code

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8
Q

What are the reasons that individuals engage in estate planning?

A

Provide for family financially
Arrange property to lower taxes
Promote family harmony

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9
Q

What is the term for when a testator is take advantage of and persuaded to write a will in a particular way due to a weak physical or emotional state?

A

Undue influence

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10
Q

An expression of wishes regarding the limits of health treatment?

A

Advance directives

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11
Q

An agent who is allowed to make medical decisions for a principal who is incapacitated

A

Health care proxy

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12
Q

In addition to the necessity that a testator sign a will, who else is required to sign it?

A

Witnesses - in order to attest the will

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13
Q

What is the term for a written document that allows an agent to make future medical decisions for a principal?

A

Durable power of attorney

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14
Q

What is the name of the individual who collects and distributes the property of a decedent’s estate?

A

Personal representative

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15
Q

With a trust, a settlor delivers and transfers legal title to property to a what, who holds and uses the property for the benefit of a third person

A

Trustee

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16
Q

The requirement that a person be old enough and of sound mind to write a will.

A

Testamentary capacity

17
Q

What is the term for a persons write to place limits on other peoples efforts to prolong life?

A

Right to die

18
Q

The person who created a trust

A

Settlor

19
Q

What is the term for a document that expresses the wishes of an individual as regards to their medical treatment?

A

Living will

20
Q

What is the term for an entity that allows transfer of property to one person and then have the property’s benefit given to another person?

A

A trust

21
Q

What is it called when a will is terminated or no longer has effect?

A

Revoking or canceling

22
Q

What allows a testator to change a will?

A

The fact that it is ambulatory

23
Q

What is the term for state statutes that govern what occurs when a person dies with no will?

A

Intestacy statutes

24
Q

What is the term for when the testator relies on false statements when a will is made?

A

Fraud

25
Q

What is the term for when an individual has an interest in a will and thus, can bring an action in court regarding that will?

A

Standing

26
Q

What deals not only with an individual’s personal property but also how to handle an individual’s organs and body after death?

A

Estate planning

27
Q

What law outlines what happens when an individual dies without a will?

A

State law

28
Q

Must be in writing, have a signature and be properly attested to by witnesses.

A

Will