Transfer of Title Flashcards

1
Q

voluntary alienation

A

transfer of title made by gift, sale, or exchange

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2
Q

involuntary alienation

A

title transferred without owner’s consent
(foreclosure, land used for public use, owner dies)

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3
Q

adverse possession

A

another form of involuntary alienation

owner loses land to someone else who has some claim to the land

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4
Q

intestate

A

without having left a will

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5
Q

testate

A

having left a will

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6
Q

probate

A

legal process by which a court determines who inherits the property of a deceased person

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7
Q

administrator

A

person appointed by the court to administer the estate of a deceased person who left no will

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8
Q

last will and testament

A

instrument made by owner to voluntarily convey title to owner’s property after their death

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9
Q

testator

A

a person who has made a will

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10
Q

legal requirements for making a will

A
  1. person must be of legal age and of sound mind
  2. will must be witnessed by two people
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11
Q

descent

A

the succession to the estate property by inheritance, or by any act of law

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12
Q

heirs

A

person legally entitled to the property of another on that person’s death

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13
Q

inverse condemnation

A

when governmental requirements have taken any rights to use and/or develop on a property

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14
Q

five types of involuntary alienation

A
  1. escheat
  2. eminent domain
  3. foreclosure
  4. court action
  5. adverse possession
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15
Q

escheat

A

a form on involuntary alienation in which the government takes ownership of estate assets or unclaimed property

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16
Q

holographic will

A

will handwritten with no witnesses

legal in NJ

17
Q

will vs deed

A

a deed conveys present interest in real estate during lifetime of grantor, will doesn’t start until after owner’s death