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

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

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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-

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2
Q

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

A

HAVE TO HAVE A CHAPEL AND SEATING AVIALABLE

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3
Q

FUNERAL ESTABLISHMENT RESTRICTIONS

A

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

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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..

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5
Q

ZONNING

A

LAW PASSE BY MUNICIPALITY BY POLICE POWER REGULATES BUILDING,RESIDENCE

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6
Q

MUNICIPALITY ZONINGS–

A

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

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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

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8
Q

GRANDFATHER CLAUSE—

A

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

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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..

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10
Q

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

A

DONT QUALIFY FOR SPECIAL USE PERMITS

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11
Q

BUILDING CODE

A

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

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12
Q

RESTRICTIVE COVENENT

A

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

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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..

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14
Q

NUISANCE

A

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

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15
Q

DESECRATION IS

A

A CRIMINAL OFFENSE

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16
Q

EMINENT DOMAIN right

A

OF GOV. TO TAKE PROPERTY

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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

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18
Q

DISINTERMENT

A

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

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19
Q

DISINTERMENT

A

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

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20
Q

DISINTERMENT

A

MAY BE PERMITTED FOR PUBLIC OR PRIVATE REASONS–CONTRACURAL PURPOSEES

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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.

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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

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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

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24
Q

DISINTERMENT–PRIVATE REASON

A

2ND REASON DISINTERNMENT MAY BE ALLOWED IS

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25
Q

DISINTERNMENT FOR REASON OF REINTERNMENT IN ANOTHER LOCATION—-DUE TO

A

DISSATISFACTION OF PLACE OF INTERNMENT–1. RELOCATION OF FAMILY 2.INTERNMENT IN WRONG LOCATION–NOT A FAMILY PLOT–3. ABANDONMENT OR NEGLECTED CEMETARIES

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26
Q

DISINTERMENT–EXHUMATON IS A

A

MATTER OF STATUTORY REGULATION ( IN MOST CASES)–OR CASE LAW….

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27
Q

SPOUSE–OR NEXT OF KIN MAKE REQUEST IN WRITING TO TRUSTEE OF CEMETARY–

A

FUNERAL DIRECTOR MAY BE REQUIRED TO ATTEND—-RESTRICTIONS MAY BE PLACED FOR PUBLIC HEALTH REASONS….

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28
Q

PRIVATE DISINTERNMENT

A

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

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29
Q

PRIVATE DISINTERNMENT—

A

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

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30
Q

CONTRACT PURPOSES

A

AFFIRM OR DISAFFRM CAUSE OF DEATH–PREVENT INSURANCE FRAUD—

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31
Q

RIGHT OF DISINTERNMENT

A

GOVERNED BY STATE STATUTE–APPLIES TO DISINTERNEMNT FOR PUBLIC AND PRIVATE REASONS….

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32
Q

RIGHT TO CONTOL DISINTERNMENT

A
  1. REST WITH THE STATE WHEN REQUIRED FOR EVIDENCE IN A CRIMINAL TRIAL–RESTS WITH SPOUSE OR NEXT OF KIN IN MOST CASES.
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33
Q

DISINTERNMENT WILL NOT OCCUR `

A

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

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34
Q

NECCESARY PERMITS

A
  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..
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35
Q

IF DONE S/ PROPER AUTHORITY`

A

DISINTERNMENT WILL BE IN VIOLATION UNDER STATUTE AND COMMON LAW 2. CONSIDERED SIMPLE LARCENY

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36
Q

MORTUARY LAW—UNIFORM PROBATE CODE—UPC

A

MODEL LAW ENACTED TO ACHIEVE UNIFORMITY IN PROBATE PROCEEDINGS THROUGHOUT THE U .S.—–2. NOT ADOPTED BY ALL STATES

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37
Q

PROBATE

A

ACT OR PROCESS OF PROVING A WILL

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38
Q

PROBATE COURT

A

COURT HAVING JURISDICTION OVER ESTATES

39
Q

TERMINOLOGY–PROBATE COURT–

A

HAS JURISDICTION OVER STATES

40
Q

DEVISE

A

GIFT OF REAL ESTATE UNDER A WILL

41
Q

BEQUEST OR LEGACY

A

GIFT OF PERSONAL PROPERTY UNDER A WILL

42
Q

LEGATEE

A

ONE WHO INHERITS PERSONAL PROPERTY UNDER A WILL

43
Q

DEVISEE

A

ONE WHO INHERITS REAL ESTATE UNDER A WILL

44
Q

WILL

A

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
Q

-LEGAL AGE—

A

18 OR OVER…IN MOST STATES

46
Q

TESTAMENTORY CAPACITY

A

TESTATOR//TESTATRIX MUST KNOW THE INTENT–2. KNOW NATURE AND EXTENT OF ESTATE–3. KNOW NATURAL OBJECTS OF BOUNTY—

47
Q

BOUNTY

A

IS A GENEROUS GIFT .GIVEN FREELY

48
Q

ESTATE

A

REAL PROPERTY OR PERSONAL PROPERTY OF A DECEASED PERSON

49
Q

WILL FORMALITIES

A

IN WRITING —SIGNED BY A TESTATOR//OR TESTATRIX—PERSON WHO MAKES A WILL

50
Q

WILL FORMALITIES

A

WITNESSED BY 2 OR MORE ELGIBLE DISINTERESTED WITNESSES–VARIES BY STATE–USUALLY SIGNED IN PRESENCE OF EACH OTHER

51
Q

WILLS –SPECIAL

A

NUNCUPATIVE—HOLOGRAPHIC–SOLDIERS AND SAILORS –WILLS

52
Q

NUNCUPATIVE

A

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
Q

HOLOGRAPHIC

A

HAND WRITTEN BYTESTATOR /TESTATRIX–LEGAL IF SIGNED BY A WITNESS

54
Q

SOLDIER///SAILOR WILL

A

INFORMAL– NUNCUPATIVE WILL- BY A SOLDIER IN THE FIELD OR SAILOR AT SEA…—DISPOSE OF PERSONAL PROPERTY ONLY

55
Q

WILLS

A

CAN BE AMMENDED— BY ACT OF TESTATOR–OPERATION OF THE LAW

56
Q

CODICIL —

A

AMENDMENT TO THE WILL

57
Q

REVOCATION –

A

WILL IS REVOKED BY THE TESTATOR AT ANY TIME PRIOR TO DEATH OF THE TESTATOR

58
Q

TESTATOR CAN

A

DESTROY A WILL AT ANY TIME —THIS CONSTITUTES A REVOCATION

59
Q

CODICIL

A

AN ADDITION OR AMENDMENT—- OF A LAST WILL EXECUTED WITH THE SAME FORMALITY AS THE ORIGINAL WILL

60
Q

CHANGES IN A WILL MAY OCCUR BY

A

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
Q

MARRIAGE OR REMARRIAGE—- LEGATEE

A

DEATH OF LEGATEE

62
Q

MARRIAGE OR REMARRIAGE

A

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
Q

MARRIAGE

A

IN SOME STATES A MARRIAGE WILLL NOT INVALIDATE A WILL

64
Q

ABATEMENT

A

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
Q

ADEMPTION

A

EXTINCTION OR WITHDRAWAL OF LEGACY BY TESTATORS ACT–DOES NOT EXIST

66
Q

DEATH OF A LEGATEE

A

ONE WHO INHERITS PERSONAL PROPERTY UNDER A WILL

67
Q

SPOUSE

A

ELECTION TO TAKE AGAINST THE WILL

68
Q

SOME STATES THE SURVIVING SPOUSE

A

MAY ELECT TO TAKE 1/3 TO 1/2 OF DECEDENTS PROPERTY INSTEAD OF THE SHARE PROVIDED

69
Q

REASON FOR A WILL

A
  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
Q

PER CAPITA

A

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
Q

DISTRIBUTION OF A WILL

A

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
Q

INTESTACY

A

STATE OR CONDITION OF DYING WITHOUT HAVING MADE A WILL

73
Q

INTESTATE SUCCESSION

A

SUCCESSION OF AN HEIR AT LAW TO PROPERTY AND ESTATE OF THEIR ANCESTOR WHEN THE LATTER HAS DIED WITHOUT A WILL

74
Q

TITLE BY DESCENT

A

SPOUSE—NEXT OF KIN–IF NO SPOUSE–KIDS ,GRANDKIDS,PARENTS,SIBLINGS

75
Q

ESCHEAT

A

FORFEITURE OF PROPERTY –( REAL AND PERSONAL)– IF THEIR ARE NO HEIRS—- FORFEITURE OF DECEDENTS PROPERTY TO THE STATE IN ABSENCE OF HEIRS…

76
Q

ADMINISTRATION OF AN ESTATE

A

APPOINTMENT OF A PERSONAL REP…..2. PERSON WHO WILL REPRESENT AND SETTLE THE ESTATE OF THE DECEASED PERSON….

77
Q

PERSONAL REPS…

A

EXECUTOR/ OR EXECUTRIX—- SOMEONE APPOINTED BY THE WILL TO CARRY OUT PROVISIONS THEREOF AND SETTLE THE ESTATE.

78
Q

..ADMINISTRATOR/ ADMINISTRATRIX

A

MALE// FEMALE APPOINTED BY THE COURT TO SETTLE AN ESTATE- 2. ESTATE REPS..DUE TO INTESTACY

79
Q

DUTIES OF REP.

A

INVENTORY–1. LISTING,VALUATION OF A DECEDENTS ASSETS

80
Q

DEDUCT SECURITY INTEREST (S)

A

FROM REAL ESATE MORTGAGE–2. . SECURE A LOAN ON A PARCEL OF REAL ESTATE–3. PERSONAL PROPERTY

81
Q

DUTY OF REPS…

A
  1. PAY CLAIMS,,TAXES..2. INCOME TAXES 3. DEATH TAXES
82
Q

ACCOUNTING

A

INVENTORY VALUE PLUS INCOME LESS EXPENSES

83
Q

DISTRIBUTION OF PROPERTY

A

WILL.

84
Q

INSOLVENT

A

ESTATE WHICH IS UNABLE TO PAY DEBTS OF DECEDENT OR ITS ESTATE

85
Q

PRIORITY OF CLAIMS AGAINST AN ESTATE IN INTESTACY

A
  1. FUN EXPENSES 2. TAXES 3. ADMINISTR. EXPENSES..3. LST ILLNESS EXPENSES 4. ALL OTHER EXPENSES
86
Q

ADDITIONAL ESTATE DOCUMENTS

A

POWER OF ATTORNEY—- 1. GENERAL END AT DEATH 2. DURABLE– 3. SPRINGING

87
Q

LIVING WILL - —–POWER OF ATTORNEY^^^^^^

A
  1. INSTRUMENT IN WRITING 2. AUTHORIZING ANOTHER TO ACT AS ONES AGENT OR ATTORNEY—
88
Q

PERSON IS AN AGENT IN FACT ,BY LAW TERMINATES AT TIME OF DEATH OF THE PRINCIPAL

A

POWER OF ATTORNEY CAN BE A GENERAL OR CAN BE SPECIFIC

89
Q

DURABLE POWER OF ATTORNEY

A

PRINCIPAL EXECUTES A POWER OF ATTORNEY–2. COMES INTO AND REMAINS IN EFFECT WHEN PRINCIPAL BECOMES DISABLE–

90
Q

DUTIES MAY INCLUDE —

A

ADMISSION TO HOSPITAL–NURSING HOME—2. MEDICAL TREATMENT—FEEDING TUBES

91
Q

MOST OF THESE WILL GO INTO DISPOSITION OF REMAINS

A

THE DURABLE POWER OF ATTORNEY

92
Q

HERE IN TX. YOU ARE THE

A

AGENT IN REGARDS TO THE DPOA

93
Q

SPRINGING POWER OF ATTORNEY

A

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
Q

LIVING WILL

A

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)

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