Quiz 1 Vocab Flashcards
Will
A written document by which the creator disposes of all of his or her property upon his or her death.
Testator
The person who executes the will; a person who dies with a valid will.
Beneficiary (will)
The person who receives property under a will
Ambulatory document
legally binding only upon the person’s death.
estate
The totality of the deceased’s property
personal representative
The person who administers the deceased’s estate and carries out the terms of the will. Personal representative is sometimes the term used when a person dies intestate.
executor
same as personal representative. Executor is sometimes the term used when a person is appointed in a will.
real property
Real estate. Property that is immovable or permanent. Includes land, buildings.
personal property
All remaining property that is not real property.
tangible personal property
property that is substantive. Can be touched and is movable.
intangible property
Property that cannot be touched. Property that stands for something else. Cash, stocks, bonds, etc.
owned severally
property that is owned solely by one person.
probate assets
all property in a decedent’s estate that requires a probate court proceeding to distribute then to the proper beneficiaries or heirs.
non-probate assets
property passes to the survivor as a matter of law (by operation of law). Not subject to the claims of the decedent’s creditors, spouse or children.
by operation of law
Automatically.
estate planning
the process in which a person determines how their assets will be distributed and how debts and taxes will be paid after death.
mere expectancy
What a named beneficiary has in property in a will. Until the person dies they have no interest in the property.
poor man’s will
Term given when a property owner deeds property to themselves and their children, with a life tenant in themselves and the remainder interest to the children
revocable
having the power to take back.
joint tenancy with right of survivorship
Upon the death of one joint tenant, hius or her interest passes automatically to the surviving joint tenants.
tenancy in common
no right of survivorship. Each tenant must pass their interest by will or it is subject to intestacy.
community property
All property that is acquired by husband and wife during marriage that is not a gift, or inherited.
life estate
The right of a person to use property until death.
life estate pur autre vie
A life estate held in the life of another.