Fs law glossary 3 112 Flashcards
funeral arrangements made in advance of need that do not include provisions for funding or prepayment.
Pre-planned funeral arrangements
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.
Priority
those who transport only in particular instances and only for those they choose to contract with (e.g., funeral home vehicles and livery)
Private carrier
a cemetery owned by a private enterprise such as a corporation for profit, a non-profit corporation, partnership, sole owners, religious orders, etc.
Private cemetery
the process of preserving the estate, determining the validity of a will and distributing the estate to the proper heirs
Probate
court having jurisdiction over estates.
Probate court
the property of a decedent that is subject to administration by the executor or administrator of an estate.
Probate estate -
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.
Quasi contract -
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.
Quasi-property theory
the relationship existing between two states whereby each extends some privileges of 2 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
Restrictive covenant
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.
Revocable contract -
the omission or cancellation of an instrument, act, license or promise.
Revocation
enactments by an administrative body within the jurisdiction of that agency.
Rules and regulations
debt which is supported by a pledge, mortgage or lien on assets belonging to the debtor.
Secured claim -
nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.
Soldiers and sailors will
an estate in which the assets exceed the liabilities.
Solvent estate
written instrument authorizing one person to act as an agent for another effective only upon a certain event occurring.
Springing power of attorney
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.
Stare decisis
law enacted by a federal or state legislative body
Statute
law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.
Statutory law -
the condition of leaving a will at death.
Testate
a man who makes a valid will.
Testator
a woman who makes a valid will.
Testatrix
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.
Third party contracts –
private or civil wrong, other than breach of contract, for which there may be action for damages.
Tort
one who intentionally and without consent or privilege enters another’s property.
Trespasser
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.
Trust Account -
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.
Trustee
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.
Uniform Anatomical Gift Act (UAGA)
a model law intended to achieve uniformity in probate proceedings throughout the U.S.
Uniform Probate Code (UPC)
claim which is not supported by a pledge, mortgage or lien on other assets.
Unsecured claim -
the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, deaths, stillbirths, marital status, etc.
Vital statistics
those drivers not under the control of the funeral director.
Volunteer driver -
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death.
Will
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 -
