Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

MORTUARY LAW EXM 3 ----------BEGINING > MORTUARY LAW EXAM 3 ///BEGINING MONDAY 3/17 > Flashcards

MORTUARY LAW EXAM 3 ///BEGINING MONDAY 3/17 Flashcards

1
Q

FUNERAL ESTABLISHMENT

A

FIXED PLACE OF BUSINESS TO CARE AND PREPARE FOR FUNERAL ,DISPOSITION OF DEAD HUMAN BODIES—–THE POLICE POWER OF THE STATE AND LOCAL GOVERNMENT AUTHORIZES LICENSING, REGULATING OF FUNERAL DIRECTORS AND FUNERAL ESTABLISHMENT-

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

TO CLASSIFY AS A FUNERAL HOME YOU HAVE TO HAVE….

A

HAVE TO HAVE A CHAPEL AND SEATING AVIALABLE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

FUNERAL ESTABLISHMENT RESTRICTIONS

A

1.ORDINANCE 2.BUILDING CODES 3.COVENENTS 4. NUISANCE 5. REGULATORY SPECIFICATIONS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

ORDINANCE

A

LAWS PASSED BY MUNICPAL GOV. BODY SUCH AS TOWN—CITY….ZONING,BUILDING,SAFETY–SPECIAL USE PERMITS—MATTERS NOT ALREADY COVERED BY FED.AND OR STATE LAWS..

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

ZONNING

A

LAW PASSE BY MUNICIPALITY BY POLICE POWER REGULATES BUILDING,RESIDENCE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

MUNICIPALITY ZONINGS–

A

RESIDENTIAL—COMMERCIAL–IN SOME MUNICIPALITIES THERE MAY BE EITHER NO ZONING OR A COMBINATION OF COMMERCIAL AND RESIDENTIAL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

FUNERAL HOMES ARE

A

FOR COMMERCIAL USE OR BUSINNES USE OF PROPERTY—-GENERALLY NOT ALLOWED TO OPERATE IN RESIDENCES——ZONING ORDINANCES MAY AFFECT EXISTING USES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

GRANDFATHER CLAUSE—

A

—ALLOWS EXISTING NON–CONFORMING USE TO STAY WITH RESTRICTIONS…

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

SPECIAL PERMITS

A

ISSUED BY LOCAL MUNICIPALITIES—GRANTS PERMISSION TO USE A BUILDING FOR SPECIAL PURPOSE..LIKE A CHURCH..====ALLOWS EXCEPTION TO ZONING ORDINANCES FOR PROFESSIONALS LIKE M.D.s..DENTIST..

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

FUNERAL DIRECTING IS CONSIDERED A businnnes not a profession——-

A

DONT QUALIFY FOR SPECIAL USE PERMITS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

BUILDING CODE

A

REGULATIONS WHICH CONTROL REQUIREMEMNTS FOR BUSINESS..RESIDENTIAL BUILDINGS–FIRE AND SAFETY….MAINTENANCE AND OPERATION–OCCUPANCY AND USE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

RESTRICTIVE COVENENT

A

PROVISION IN A DEED LIMITS USE OF PROPERTY OR CERTAIN USES–EXAMPLE OF RESTRICTIVE COVENENT IS ..1. DEED RESTRICTIONS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

COVENENTS NOT TO COMPETE–

A

CONTRACTS DEALING WITH TRANSFER OF OWNERSHIP—SELLER AGREES NOT TO COMPETE–FOR A SPECIFIED PERIOD OF TIME–NOR IN A SPECIFIED GEOGRAPHICAL AREA—BOTH ARE ENFORCEABLE BY LAW IF DEEMED REASONABLE..

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

NUISANCE

A

INVASION OF LANDOWNERS USE–INTERFERES WITH LANDOWNERS ENJOYMENT OF THEIR PROPERTY…PG..56

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

DESECRATION IS

A

A CRIMINAL OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

EMINENT DOMAIN right

A

OF GOV. TO TAKE PROPERTY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

THE LAW LOOKS AT CEMETARIES –AS

A

SACRED GROWN—ONCE A CEMETARYALWAYS A CEMETARY–LOOKS AT DISINTERNMENTS UNFAVORABLY UNLESS THERE IS COMPELLING REASON TO DO SO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

DISINTERMENT

A

REMOVAL OF A HUMAN CORPSE THAT WAS BURIED——REMOVAL OF ENTOMBED BODY OR CREMAINS FROM THEIR REPOSITORY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

DISINTERMENT

A

RESPECT FOR HUMAN DESIRE NOT TO HAVE ONEES REMAINS DISTURBED—SENTIMENT OF SURVIVORS—–PROTECTION OF PUBLIC HEALTH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

DISINTERMENT

A

MAY BE PERMITTED FOR PUBLIC OR PRIVATE REASONS–CONTRACURAL PURPOSEES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

DISINTERMENT–PUBLIC INTEREST—2 REASONS FOR THIS

A

TWO REASON——1. DISINTERNMENT AND REINTERNMENT OCCUR IN THE SAME LOCATION 2. USED TO FURTHER SOME MATTER OF PUBLIC INTEREST.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

PUBLIC INTEREST—DISINTERMENT—IS TO

A

GATHER EVIDENCE FOR CRIMINAL OR CIVIL CASE—2. AFFIRM OR DISSAFFIRM CAUSE OF DEATH–PROTECTION FORM INSURANCE FRAUD—GREATER BURDEN OF PROOF IS REQUIRED THAN IS REQUIRED FOR EVIDENCE IN A CRIMINAL TRIAL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

DISINTERMENT–PUBLIC INTEREST

A

PROVIDE ACCESS TO A PUBLIC STREET OR REMAINS POSE A THREAT TO PUBLIC HEALTH—OR CONTAMINATED WATER SUPPLY—-REINTERNMENT WILL OCCUR IN A DIFFERENT LOCATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

DISINTERMENT–PRIVATE REASON

A

2ND REASON DISINTERNMENT MAY BE ALLOWED IS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
DISINTERNMENT FOR REASON OF REINTERNMENT IN ANOTHER LOCATION----DUE TO
DISSATISFACTION OF PLACE OF INTERNMENT--1. RELOCATION OF FAMILY 2.INTERNMENT IN WRONG LOCATION--NOT A FAMILY PLOT--3. ABANDONMENT OR NEGLECTED CEMETARIES
26
DISINTERMENT--EXHUMATON IS A
MATTER OF STATUTORY REGULATION ( IN MOST CASES)--OR CASE LAW....
27
SPOUSE--OR NEXT OF KIN MAKE REQUEST IN WRITING TO TRUSTEE OF CEMETARY--
FUNERAL DIRECTOR MAY BE REQUIRED TO ATTEND----RESTRICTIONS MAY BE PLACED FOR PUBLIC HEALTH REASONS....
28
PRIVATE DISINTERNMENT
FACTORS R/T REASONABLE CAUSE FOR DISINTERNMENT..1. DEGREE OF RELATIONSHIP TO DECEDENT 2. EXPRESSED WISHES OF DECEDENT 3. CONDUCT OF PERSONS SEEKING OR PREVENTING DISENTERNEMNT..4. LENGTH OF TIME SINCE ORIGINAL INTERNMENT
29
PRIVATE DISINTERNMENT---
STRENGTH FOR OR AGAINST DISINTERNMENT 2.INTEGRITY,COMPASSION TO PROVIDE A SECURE ,COMPARABLE RESTING PLACE FOR DECEDANT..3.RIGHTS OF RELIGOUS BODY OR OTHER INSTITUTUION WHICH GRANTED RIGHT TO - DISINTERN
30
CONTRACT PURPOSES
AFFIRM OR DISAFFRM CAUSE OF DEATH--PREVENT INSURANCE FRAUD---
31
RIGHT OF DISINTERNMENT
GOVERNED BY STATE STATUTE--APPLIES TO DISINTERNEMNT FOR PUBLIC AND PRIVATE REASONS....
32
RIGHT TO CONTOL DISINTERNMENT
1. REST WITH THE STATE WHEN REQUIRED FOR EVIDENCE IN A CRIMINAL TRIAL--RESTS WITH SPOUSE OR NEXT OF KIN IN MOST CASES.
33
DISINTERNMENT WILL NOT OCCUR `
AGAINST THE WILL OF OTHER RELATIVES EXCEPT UPON STRONG AND CONVINCING EVIDENCE THAT PERSUADES A COURT OF EQUITY THAT THE DISINTERNMENT IS REQUIRED BY JUSTICE... PAGE 49
34
NECCESARY PERMITS
1. DISINTERNMENT PERMIT FROM REGISTTAR 2. IN TEXAS..WRITTEN ORDER OF PERMIT FROM STATE REGISTRAT OR DESIGNEE..3. OBTAIN BY FUNERAL DIR. 4. FOUR PARTS--- STATE REGISTRAR,LOCAL REGISTRAR FUNERAL DIR.,,CEMETARY.5 UNLESS REINTERNMENT IN SAME CEMETARY..
35
IF DONE S/ PROPER AUTHORITY`
DISINTERNMENT WILL BE IN VIOLATION UNDER STATUTE AND COMMON LAW 2. CONSIDERED SIMPLE LARCENY
36
MORTUARY LAW---UNIFORM PROBATE CODE---UPC
MODEL LAW ENACTED TO ACHIEVE UNIFORMITY IN PROBATE PROCEEDINGS THROUGHOUT THE U .S.-----2. NOT ADOPTED BY ALL STATES
37
PROBATE
ACT OR PROCESS OF PROVING A WILL
38
PROBATE COURT
COURT HAVING JURISDICTION OVER ESTATES
39
TERMINOLOGY--PROBATE COURT--
HAS JURISDICTION OVER STATES
40
DEVISE
GIFT OF REAL ESTATE UNDER A WILL
41
BEQUEST OR LEGACY
GIFT OF PERSONAL PROPERTY UNDER A WILL
42
LEGATEE
ONE WHO INHERITS PERSONAL PROPERTY UNDER A WILL
43
DEVISEE
ONE WHO INHERITS REAL ESTATE UNDER A WILL
44
WILL
INSTRUMENT EXECUTED WITH REQUIRED FORMALITY BY A PERSON MAKING DISPOSITION OF THEIR PROPERTY TO TAKE EFFECT UPON THEIR DEATH-----1. MUST BE LEGAL AGE 2. TESTAMENTORY CAPACITY 3. FORMALITY
45
-LEGAL AGE---
18 OR OVER...IN MOST STATES
46
TESTAMENTORY CAPACITY
TESTATOR//TESTATRIX MUST KNOW THE INTENT--2. KNOW NATURE AND EXTENT OF ESTATE--3. KNOW NATURAL OBJECTS OF BOUNTY---
47
BOUNTY
IS A GENEROUS GIFT .GIVEN FREELY
48
ESTATE
REAL PROPERTY OR PERSONAL PROPERTY OF A DECEASED PERSON
49
WILL FORMALITIES
IN WRITING ---SIGNED BY A TESTATOR//OR TESTATRIX---PERSON WHO MAKES A WILL
50
WILL FORMALITIES
WITNESSED BY 2 OR MORE ELGIBLE DISINTERESTED WITNESSES--VARIES BY STATE--USUALLY SIGNED IN PRESENCE OF EACH OTHER
51
WILLS --SPECIAL
NUNCUPATIVE---HOLOGRAPHIC--SOLDIERS AND SAILORS --WILLS
52
NUNCUPATIVE
IS AN ORAL WILL=----- DISPOSE OF PERSONAL PROPERTY..1. DICTATED BY TESTATOR/TESTATRIX---- DURING LAST ILLNESS.----BEFORE APPROPRIATE WITNESS---4..DISPOSE OF PERSONAL PROPERTY--AFTERWARDS IT IS WRITTEN DOWN....
53
HOLOGRAPHIC
HAND WRITTEN BYTESTATOR /TESTATRIX--LEGAL IF SIGNED BY A WITNESS
54
SOLDIER///SAILOR WILL
INFORMAL-- NUNCUPATIVE WILL- BY A SOLDIER IN THE FIELD OR SAILOR AT SEA...---DISPOSE OF PERSONAL PROPERTY ONLY
55
WILLS
CAN BE AMMENDED--- BY ACT OF TESTATOR--OPERATION OF THE LAW
56
CODICIL ---
AMENDMENT TO THE WILL
57
REVOCATION --
WILL IS REVOKED BY THE TESTATOR AT ANY TIME PRIOR TO DEATH OF THE TESTATOR
58
TESTATOR CAN
DESTROY A WILL AT ANY TIME ---THIS CONSTITUTES A REVOCATION
59
CODICIL
AN ADDITION OR AMENDMENT---- OF A LAST WILL EXECUTED WITH THE SAME FORMALITY AS THE ORIGINAL WILL
60
CHANGES IN A WILL MAY OCCUR BY
OPERATION OF LAW----- EXAMPLE --BY DIVORCE-- AUTOMATICALLY REVOKES A WILL TO EXTENT OF PROPERTY LEFT YO THE DIVORCED SPOUSE IF COURT ORDERS A DIVISION OF PROPERTY...2.IF THEIR IS NO COURT ORDERED DIVISION THEN THE WILL IS NOT AFFECTED...---MARRIAGE OR REMARRIAGE----
61
MARRIAGE OR REMARRIAGE---- LEGATEE
DEATH OF LEGATEE
62
MARRIAGE OR REMARRIAGE
THIS WILL REVOKE THE WILL IN PART OR WHOLE...THE WILL MAY BE PRESUMED TO BE REVOKED UNLESS MADE IN CONTEMPLATION OF THE MARRIAGE UNLESS IT MAKES PROVISIONS FOR A FUTURE SPOUSE..
63
MARRIAGE
IN SOME STATES A MARRIAGE WILLL NOT INVALIDATE A WILL
64
ABATEMENT
PROPORTIONAL REDUCTION OF A LEGACY UNDER A WILL--IT IS SMALLER THAN WHAT WAS STATED IN THE WILL----SUCH LEGACY ARE PAYABLE ARE NOT SUFFICIENT TO PAY IT IN FULL...
65
ADEMPTION
EXTINCTION OR WITHDRAWAL OF LEGACY BY TESTATORS ACT--DOES NOT EXIST
66
DEATH OF A LEGATEE
ONE WHO INHERITS PERSONAL PROPERTY UNDER A WILL
67
SPOUSE
ELECTION TO TAKE AGAINST THE WILL
68
SOME STATES THE SURVIVING SPOUSE
MAY ELECT TO TAKE 1/3 TO 1/2 OF DECEDENTS PROPERTY INSTEAD OF THE SHARE PROVIDED
69
REASON FOR A WILL
1. DISTRIBUTION OF PROPERTY IN INTESTACY---2. METHODS OF DISTRIBUTION WHEN INDIVIDUAL DIES (INTESTACY) OR WITHOUT A WILL-------2 METHODS ======= PER CAPITA=BY THE HEAD..3. PER STRIPES
70
PER CAPITA
EQUAL SHARE IS GIVEN TO EACH OF A NUMBER OF PERSONS...2. ALL OF WHOM STAND IN EQUAL DEGREE OF RELATIONSHIP TO THE DECEASED
71
DISTRIBUTION OF A WILL
PER STIRPES-----PROPERTY DIVIDED INTO LINES OF DECEDENT--2. SHARE OF EACH LINE THEN DIVIDED BY WAY OF REPRESENTATION....3. NOT ALL PARTIES RECIEVE AN EQUAL SHARE
72
INTESTACY
STATE OR CONDITION OF DYING WITHOUT HAVING MADE A WILL
73
INTESTATE SUCCESSION
SUCCESSION OF AN HEIR AT LAW TO PROPERTY AND ESTATE OF THEIR ANCESTOR WHEN THE LATTER HAS DIED WITHOUT A WILL
74
TITLE BY DESCENT
SPOUSE---NEXT OF KIN--IF NO SPOUSE--KIDS ,GRANDKIDS,PARENTS,SIBLINGS
75
ESCHEAT
FORFEITURE OF PROPERTY --( REAL AND PERSONAL)-- IF THEIR ARE NO HEIRS---- FORFEITURE OF DECEDENTS PROPERTY TO THE STATE IN ABSENCE OF HEIRS...
76
ADMINISTRATION OF AN ESTATE
APPOINTMENT OF A PERSONAL REP.....2. PERSON WHO WILL REPRESENT AND SETTLE THE ESTATE OF THE DECEASED PERSON....
77
PERSONAL REPS...
EXECUTOR/ OR EXECUTRIX---- SOMEONE APPOINTED BY THE WILL TO CARRY OUT PROVISIONS THEREOF AND SETTLE THE ESTATE.
78
..ADMINISTRATOR/ ADMINISTRATRIX
MALE// FEMALE APPOINTED BY THE COURT TO SETTLE AN ESTATE- 2. ESTATE REPS..DUE TO INTESTACY
79
DUTIES OF REP.
INVENTORY--1. LISTING,VALUATION OF A DECEDENTS ASSETS
80
DEDUCT SECURITY INTEREST (S)
FROM REAL ESATE MORTGAGE--2. . SECURE A LOAN ON A PARCEL OF REAL ESTATE--3. PERSONAL PROPERTY
81
DUTY OF REPS...
1. PAY CLAIMS,,TAXES..2. INCOME TAXES 3. DEATH TAXES
82
ACCOUNTING
INVENTORY VALUE PLUS INCOME LESS EXPENSES
83
DISTRIBUTION OF PROPERTY
WILL.
84
INSOLVENT
ESTATE WHICH IS UNABLE TO PAY DEBTS OF DECEDENT OR ITS ESTATE
85
PRIORITY OF CLAIMS AGAINST AN ESTATE IN INTESTACY
1. FUN EXPENSES 2. TAXES 3. ADMINISTR. EXPENSES..3. LST ILLNESS EXPENSES 4. ALL OTHER EXPENSES
86
ADDITIONAL ESTATE DOCUMENTS
POWER OF ATTORNEY---- 1. GENERAL END AT DEATH 2. DURABLE-- 3. SPRINGING
87
LIVING WILL - -----POWER OF ATTORNEY^^^^^^
1. INSTRUMENT IN WRITING 2. AUTHORIZING ANOTHER TO ACT AS ONES AGENT OR ATTORNEY---
88
PERSON IS AN AGENT IN FACT ,BY LAW TERMINATES AT TIME OF DEATH OF THE PRINCIPAL
POWER OF ATTORNEY CAN BE A GENERAL OR CAN BE SPECIFIC
89
DURABLE POWER OF ATTORNEY
PRINCIPAL EXECUTES A POWER OF ATTORNEY--2. COMES INTO AND REMAINS IN EFFECT WHEN PRINCIPAL BECOMES DISABLE--
90
DUTIES MAY INCLUDE ---
ADMISSION TO HOSPITAL--NURSING HOME---2. MEDICAL TREATMENT---FEEDING TUBES
91
MOST OF THESE WILL GO INTO DISPOSITION OF REMAINS
THE DURABLE POWER OF ATTORNEY
92
HERE IN TX. YOU ARE THE
AGENT IN REGARDS TO THE DPOA
93
SPRINGING POWER OF ATTORNEY
ARE IN PLACE BUT NOT EFFECTIVE YET---COULD BECOME EFFECTIVE ,FOR EXAMPLE IF YOU GET ALZHEIMERS---IT SPRINGS UP UPON HAPPENING OF A SPECIFIC EVENT CHOSEN BY THE (POA) 3. THE EVENT IS USUALLY A ILLNESS OR DISABILITY OF THE PRINCIPAL---4.THE PRINCIPALS M.D. WILL DETERMINE IF PRINCIPAL IS COHERENT
94
LIVING WILL
WRITTEN DOCUMENT THAT GOVERNS 1. WITHHOLDING--2. WITHDRAWAL 3. OF LIFE SUSTAINING TREATMENT---FOR PEOPLE WITH INCURABLE CONDITIONS THAT WILL CAUSE DEATH...

MORTUARY LAW EXM 3 ----------BEGINING (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions