Fs law glossary 3 112

Question 1

funeral arrangements made in advance of need that do not include provisions for funding or prepayment.

Answer 1

Pre-planned funeral arrangements

Question 2

the order in which claims will be paid when there are insufficient assets to pay all of the claims , or the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body.

Answer 2

Priority

Question 3

those who transport only in particular instances and only for those they choose to contract with (e.g., funeral home vehicles and livery)

Answer 3

Private carrier

Question 4

a cemetery owned by a private enterprise such as a corporation for profit, a non-profit corporation, partnership, sole owners, religious orders, etc.

Answer 4

Private cemetery

Question 5

the process of preserving the estate, determining the validity of a will and distributing the estate to the proper heirs

Answer 5

Probate

Question 6

court having jurisdiction over estates.

Answer 6

Probate court

Question 7

the property of a decedent that is subject to administration by the executor or administrator of an estate.

Answer 7

Probate estate -

Question 8

a fictional contract created or implied by a court for a person who is unable to contract for himself (e.g., medical care, death); an obligation which law creates in the absence of agreement; is invoked by courts where there is unjust enrichment.

Answer 8

Quasi contract -

Question 9

the accepted theory of the legal status of a dead human body; rights associated with the body are as if it were property for the purpose of disposition only.

Answer 9

Quasi-property theory

Question 10

the relationship existing between two states whereby each extends some privileges of 2 licensure to licensees of the other state.

Answer 10

Reciprocity

Question 11

an action to recover possession of wrongfully withheld personal property.

Answer 11

Replevin

Question 12

provision in a deed limiting the use of property and prohibiting certain uses

Answer 12

Restrictive covenant

Question 13

agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law.

Answer 13

Revocable contract -

Question 14

the omission or cancellation of an instrument, act, license or promise.

Answer 14

Revocation

Question 15

enactments by an administrative body within the jurisdiction of that agency.

Answer 15

Rules and regulations

Question 16

debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor.

Answer 16

Secured claim -

Question 17

nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.

Answer 17

Soldiers and sailors will

Question 18

an estate in which the assets exceed the liabilities.

Answer 18

Solvent estate

Question 19

written instrument authorizing one person to act as an agent for another effective only upon a certain event occurring.

Answer 19

Springing power of attorney

Question 20

a policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same; to stand by things decided.

Answer 20

Stare decisis

Question 21

law enacted by a federal or state legislative body

Answer 21

Statute

Question 22

law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.

Answer 22

Statutory law -

Question 23

the condition of leaving a will at death.

Answer 23

Testate

Question 24

a man who makes a valid will.

Answer 24

Testator

Question 25

a woman who makes a valid will.

Answer 25

Testatrix

Question 26

agreements which involve the funeral director/funeral home because the family being served has contracted with someone else (a third party) for services or merchandise also available from the funeral home i.e. caskets, vaults, urns, pre-need insurance, etc.

Answer 26

Third party contracts –

Question 27

private or civil wrong, other than breach of contract, for which there may be action for damages.

Answer 27

Tort

Question 28

one who intentionally and without consent or privilege enters another’s property.

Answer 28

Trespasser

Question 29

account established by one individual to be held for the benefit of another (as a method of payment of funeral expenses); creates a fiduciary responsibility. Money paid to a funeral home for future services is placed in an account with the funeral home as trustee for the benefit of another.

Answer 29

Trust Account -

Question 30

one who holds title to property or another position of trust to a beneficiary; in funeral arrangements, the person who has the right to control the funeral does so on behalf of all survivors.

Answer 30

Trustee

Question 31

a law permitting a person of legal age and sound mind to give all or any part of his/her body to take effect upon his/her death or gives the right to another.

Answer 31

Uniform Anatomical Gift Act (UAGA)

Question 32

a model law intended to achieve uniformity in probate proceedings throughout the U.S.

Answer 32

Uniform Probate Code (UPC)

Question 33

claim which is not supported by a pledge, mortgage or lien on other assets.

Answer 33

Unsecured claim -

Question 34

the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc.

Answer 34

Vital statistics

Question 35

those drivers not under the control of the funeral director.

Answer 35

Volunteer driver -

Question 36

an instrument executed with required formality, by persons making disposition of their property to take effect upon their death.

Answer 36

Will

Question 37

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.

Answer 37

Zoning ordinance -