F.S. Law Flashcards
a proportional reduction of a legacy under a will when assets are not sufficient to pay it in full
abatement
the extinction/withdrawal of an inheritance because decedent did not own the property at time of death
ademption
drivers under the control and direction of the funeral establishment which is liable for the drivers negligent actions
agent driver
a gift of PERSONAL property by will
bequest (legacy)
total and irreversible cessation of brain function as indicated by a flat EEG reading
Brain dead
a phase of somatic death lasting from 5-6 mins during which life may be restored
Clinical death
an addition or amendment of a last will and testament
codicil
a situation whereby one party has a right to acquire actual custody of the body but another party has actual physical possession
constructive custody
status assoicated with funeral establishment who becomes legal protector of dead human body from time of removal until final disposistion
custodian
permanent cessations of al vital functions and signs
death
a gift of REAL ESTATE
Devise
the attention reasonably expected from and ordinarily exercised by a person who seeks to satisfy a legal requirement
due diligence
agent status which will remain effective in the event the original party should later become incapacitated
durable power of attorney
inherent power of a govt to take private property for public use
eminent domain
forfeiture of decedents property to the state in the absence of heirs
escheat
a written instrument authorizing one person to do anything for the principal; has full power of attorney for another party
general power of attorney
the INTENTIONAL failure to perform a manifest duty in reckless disregard of the consequences
gross negligent act
a judicial appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability
guardian
the estate which passes from the decedent to the heirs
inheritance
one who INHERITS personal property under a will
legatee
a claim or charge agaisnt real or personal property for payment of some debt
lien
improper or negligent professional act by a professional person
malpractice
a forensically trained physician whose duty it is to investigate questionable or unattended deaths
medical examiner
mental suffering resulting from grief, severe disappointment etc.
mental anguish
a secured loan on a parcel of real estate
mortgage
failure to exercise ordinary care
negligence
a landowner’s use of property which interferes with the public or another landowner’s use of property
nuisance
oral will
nuncupative will
a law passed by local Municipal governing body
ordinance
the method of dividing an estate by which an equal share is given to each of a number of persons in relation to degree of kindred
per capita
the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share
per stripes
a decision of a higher court with is thereafter followed as an example in subsequent similar cases
precedent
a claim which is accorded a priority, advantage or privilege
preferred claim
the order in which claims will be paid when there are insufficient assets to pay
priority
a fictional contract cremated/implied by a court for a person who in unable to contract for themselves; an obligation which law creates in teh absence of agreement
quasi contract
extends some privileges of licensure to licensees of the other state
reciprocity
an action to recover possession of wrongfully withheld personal property
replevin
provision in a deed limiting the use of property and prohibiting certain uses
replevin
an account established by one person to be held for the benefit of another; creates a fiduciary responsibility
trust account
a law passed by a municipality by virtue of the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality
zoning ordinance
If the body is embalmed, which of these charges will appear on the Statement of Funeral Goods and Services Selected?
Embalming
