Vocab Flashcards
A proportional reduction of a devise when estate assets are not sufficient to pay it in full
Abatement
The physical possession of the dead human body or other property
Actual custody
A governess body created by legislation empowered to make and enforce rules and regulations
Administrative agency
the rules and regulations created by federal and state administrative agencies (OSHA,FTC< state board rules and regulations)
administrative law
those drivers under the directions and control of the funeral establishment which is liable for the driver’s negligent actions
agent drivers
a person who recieves personal property from another as a bailmant
bailee
a delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract
bailment
a person who delivers personal property to another as a bailment
bailor
appellate court desisions based on custom and usage and prior desicions
case law
an addition or amendment of a last will and testament executed with the same formality of the will
codicil
the situation whereby one a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possesion
constructive custody
status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition
custodian
a gift of real of personal property by will
devise
the person who recieves a devise
devisee
a power of atterny that remains in effect after the disability or incapacity of the principal
durable power of attorny
one who inherits or is entitled to receive property by laws of intestacy
heir
a will written entirley by the hand of the testator
holographic will
the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate
insolvent estate
the state or condition of dying without having made a will; intestacy
intestate
an agreement for future funeral services which cannot be terminated or canceled prior to the death of the benificiary
irrevocable contract
failure to perform a professional service with the ability and care generally exercised by others in the proffesion
malpractice
a condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury
mental anguish
any altering change made to a dead human body from the time of death, other than by natural causes
mutilation
failure to exercise reasonable care
negligence
agreement in which the funeral home promises to apply the amount prepaid plus any accruals to the balance due. However, the cost of the funeral will be based upon the current price for the services and merchandise at the time the services are provided
non-guaranteed contract
oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states)
nuncupative will
a law passed by a local municipal governing body ( zoning, building, safety)
ordinance
the method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree of kndred to the decedent
per capita
the method of proportionatley dividing the estate between beneficiaries according to their deceased ancestor’s share
per stirpes
the inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens
police power
an intsrument granting someone authority to act as agent or attorney-in-fact for the principal; an ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal
power of attorney
a claim which is accorded a priority, advantage or privilege
preffered claim
funeral arrangements made in advance of need that include provisions for funding or prepayment
pre-funded-funeral arrangments
funeral arrangments made in advance of need that do not include provisions for funding or prepayment
pre-planned funeral arrangements
the process of administering the estate and determining the validity of a will
probate
a court having jurisdiction over estates
probate court
the accepted theory of the legal status of a dead human body; rights associated with the body are as if it were property for the purpose of disposition only
quasi-property-theory
an action to recover possession of wrongfully withheld personal property
replevin
provision in a deed limiting the use of real property and prohibiting certain uses
restrictive covenant
agreement which may be terminated by the perchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law
revocable contract
the omission or cancellation of an instument, act, license or promise
recocation
a policy of courts to stand by a desicion and apply it to future cases where the facts are substantially the same
state decisis
a law enacted by the legislative body
statute
the condition of leaving a will at death
testate
a person who makes a valid will
testator
private or cival wrong against a person or his or her property, other than by breach of contract, for which there may be action for damages
tort
account established by an individual to be held for the benefit of another (as a method of payment of funeral expenses); creates a fiduciary responsibility. Money paid to a funeral home for future servises is placed in an account with the funeral home as trustee for the benifit of another
trust account
one who holds title to property or another position of trust to a benificiary
trustee
those drivers not under the control of the funeral director
volunteer driver
an instrument executed with required formality, by persons making disposition of their property to take effect upon their death
will
a law passed by a local unit of governmet which regulates and prescribes the land use planning
zoning ordinance
a landownders’ use of property which interferes with the public or another landowners’ use of their property
nuisance
