Quiz 2 Vocab Flashcards
Issue
a person’s lineal descendants.
Testate
Dying with a validly executed will
Intestate
Dying without a Will
Bequest
gift of personal property passing under a Will
Specific Bequest
a gift of a specific item of personal property in a will.
Legacy (general legacy)
a gift of personal property passing under a Will but it usually refers to money.
Demonstrative Legacy
A gift of a specified sum of money that comes from a specific source.
Legatee
A person who receives a gift of cash under a Will.
Devise
gift of real property
Specific Devise
a gift of specific real property made by Will
Devisee
A person who received a gift of property under a Will.
Residuary Dispositions (residue)
all of the property remaining after the testator has given all of his/her specifically named bequests and devises.
Abatement
in estate planning this term refers to a reduction in the sum of gift to a beneficiary when sums are insufficient to pay the debts and taxes.
Ademption
What occurs when a specific bequest is disposed of prior to the decedent’s death. It’s not in the estate; the devisee or legatee does not get it.
Satisfaction
When testator gives the property to the beneficiary before they die.
Anti-lapse statute
prevents the gift from lapsing by substituting the beneficiary’s issue for the beneficiary.
Per Stirpes
the beneficiaries receive their share based upon the level of lineal descendants they are from their ancestor the decedent.
Per Capita
The surviving beneficiaries each receive an equal share.
heir
This term describes a person who is entitled to receive the real property of one who dies intestate.
Next-of-kin (distributee)
This is the person who inherits the personal property of the decedent who dies intestate.
Consanguinity
Lineal relations are those that follow a direct line, meaning they would be your ascendants (ancestors) or your descendants. Parent-grandparent-great grandparent.
Affinity
it means related by blood but they are not ascending or descending, they are collateral. Siblings – aunts/uncles – cousins
Pretermitted Children
After born children. Children born after the making of the will, or omitted because their parents forgot about them.
Pretermitted Spouse
Decedent executes a will, and then marries, and then dies. Spouse is entitled to intestate share.