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BL 367 - Chapter 1
Intro and Overview (Legal Terms and Definitions)
38
Law
Undergraduate 3
09/30/2012

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Term
Intestate Succession
Definition
Passage of property when the decendent dies without a valid will
Term
Descent
Definition
Succession to real property
Term
Distribution
Definition
Succession to personal property
Term
Intestate
Definition
Dying without a will
Term
Heir
Definition
Person entitled to take under intestate succession
Term
Ancestor
Definition
Person related to the decedent in an ascending lineal line. (Parents, grandparents)
Term
Descendent
Definition
A person related to the decedent in a descending lineal line. (children, grandchildren)
Term
Collateral Relative
Definition
A person related to the decedent but not in a lineal line. (Siblings, nieces and nephews, cousins)
Term
Consanguineous Relationship
Definition
A biological or blood relationship
Term
Affinity Relationship
Definition
A relationship by marriage
Term
Testate Succession
Definition
The passage of property under the decendent's will
Term
Will
Definition
A written document or oral declaration directing who will own decendent's property
Term
Codicil
Definition
Type of will that amends an existing will
Term
Testator/Testatrix
Definition
Person who dies with a valid will
Term
Devise
Definition
A gift of real property in a will
Term
Bequest
Definition
A gift of personal property in a will
Term
Legacy
Definition
A gift of money in a will
Term
Beneficiary
Definition
Generic term for a person who receives property under a will
Term
Trust
Definition
A property conveyance whereby the owner divides into legal and equitable interest and imposes fiduciary duties on the holder of the legal title to deal with the property for the benefit of the holder of the equitable title
Term
Settlor
Definition
Person who creates a trust by making property tansfer that divdies title and imposes duties
Term
Beneficiary (Trust)
Definition
Person who receives the equitable title to trust property and hence the right to benefit from that property
Term
Trustee
Definition
Person who holds the legal title to trust property and has the fiduciary duty to mage that property
Term
Principal
Definition
Property conveyed in trust form
Term
Income
Definition
Profits or other earnings made by property after conveyed in trust form
Term
Adminstration
Definition
Process of collecting and managing all a decendent's property
Term
Administrator
Definition
Person in charge of administering the estate of an intestate decendent
Term
Executor
Definition
Person in charge of administering the estate of a testate decedent
Term
Personal Representative
Definition
Generic term for the person in charge of administering the estate of a decedent
Term
Probate
Definition
The entire process of administering a decendent's estate. Narrowly, to prove a document or oral declaration to be the valid will.
Term
Probate Asset
Definition
An asset of a decendent that passes either under intestate succession or through a will
Term
Nonprobate Asset
Definition
An asset of a decedent that passes in a manner other than under intestate succession or through a will
Term
Common Law Marital Property
Definition
Each spouse owns his or her entire income
Term
Community Property Marital Property
Definition
One-half of each spouse's income vests in the other spouse
Term
Quasi-community Property
Definition
Property acquired in a non-community property state that would have been community property if acquired in a community property state
Term
Real Property
Definition
Land, anything on or attached to land
Term
Domicile
Definition
Person's permanent home
Term
Personal Property
Definition
Movable or intangible things capable of ownership that are not real property
Term
Gratuitous Transfers
Definition
A transfer made without receiving money or other property in return
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