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Chapter 3-4; Basic Wills, Trusts, and Estates for Paralegals
5th
90
Law
Undergraduate 4
08/27/2011

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Term
Administrator
Definition
Personal representative of an intestate.
Term
Affinity
Definition
Relationship by marriage
Term
Ancestor
Definition
Relative of a previous generation.
Term
Ascendant
Definition
Lineal ancestor.
Term
Collateral relative
Definition
Nonline3al blood relations.
Term
Consanguinity
Definition
Relationship determined by blood ties.
Term
Class
Definition
Group of persons of the same degree.
Term
Degrees of separation
Definition
Number of generations a person is removed from the decedent.
Term
Distribute
Definition
Intestate inheritor of personal property.
Term
Escheat
Definition
Process by which the state inherits property of an intestate who has no heirs.
Term
Heir
Definition
Intestate inheritor of real property.
Term
Illegitimate
Definition
Born out of wedlock.
Term
Intestate succession
Definition
Persons who are entitled to inherit property of a person who dies without a will.
Term
Issue
Definition
Direct lineal descendents.
Term
Laws of descent and distribution
Definition
Statutes indicating a person’s intestate heirs.
Term
Laws of succession
Definition
Statutes indicating a person’s intestate heirs.
Term
Letters of administration
Definition
Court orders authorizing the personal representative of an intestate to administer the estate.
Term
Lineal relation
Definition
Blood relatives directly ascending or descending.
Term
Nonmarital children
Definition
Children born out of wedlock.
Term
Per capita
Definition
Equally to each person in his or her own right.
Term
Per stirpes
Definition
Taking property by right of representation.
Term
Testamentary capacity
Definition
Legal ability to execute a will.
Term
A-B trusts
Definition
Credit shelter
Term
Administrative Control Rule
Definition
Tax rule for short-term trust making the trustor tax liable if he retains administrative control over the trust.
Term
Beneficiary
Definition
Person who has equitable title to a trust.
Term
Cestui que trust
Definition
Beneficiary
Term
Charitable trust
Definition
Trust created for a public, charitable purpose.
Term
Charitable remainder annuity trust
Definition
Trust in which the income goes to a private person and the remainder goes to charity.
Term
Charitable remainder unitrust
Definition
Trust in which a private person receives a percentage of the income, the rest and the remainder going to charity.
Term
Clifford trust
Definition
Short-term trust
Term
Constructive trust
Definition
Implied trust used to right a wrong
Term
Conveyance of trust
Definition
Methosd of transferring realty to a trust.
Term
Corpus
Definition
Trust property.
Term
Creator
Definition
Trustor.
Term
Cy pres
Definition
Doctrine permitting changes in the operation of a public trust.
Term
Inter vivos trust
Definition
Trust taking effect during the life of the trustor.
Term
Declaration of trust
Definition
Instrument creating an inter vivos trust.
Term
Deed of trust
Definition
Method of transferring realty to a trust.
Term
Discretionary trust
Definition
Trust in which trustee is given broad powers of discretion with respect to investments and distribution of income.
Term
Divested
Definition
Losing a legal right.
Term
Duration rule
Definition
Tax rule stating trusts that exist for less than ten years and a day, or the life of the beneficiary, make the grantor tax liable.
Term
Enjoyment Control Rule
Definition
Tax rule for short-term trusts making the trustor tax liable if he may enjoy the income from the trust.
Term
Equitable title
Definition
Title giving the beneficiary the right to enjoy the trust property subject to limitations imposed by the trustor.
Term
Express trust
Definition
Trust created by the voluntary and deliberate act of the trustor.
Term
Failed trust
Definition
Trust that terminates because its objective cannot be accomplished.
Term
Fertile octogenarian
Definition
Doctrine stating a person is capable of bearing children until death.
Term
Fiduciary
Definition
Trustee, a person held to a standard of care higher than ordinary care.
Term
Fiduciary returns
Definition
Tax returns filed by trustees and executors.
Term
Generation skipping transfer
Definition
Trusts that benefit persons two or more generations removed from the trustor are subject to special tax rules.
Term
Grantor
Definition
Person who creates a trust with real estate.
Term
Implied trust
Definition
Trust created by operation of law.
Term
Indefinite class
Definition
Group identified by general characteristics, a charitable group.
Term
Injunction
Definition
Court order to stop performing a specified act.
Term
Legal list
Definition
Statutorily approved investments for fiduciaries.
Term
Legal title
Definition
Title held by the trustee giving the holder the right to preserve, protect, and defend the trust property, subject to duties imposed by the trustor.
Term
Overendowed trust
Definition
Resulting trust with income greater than is needed to accomplish the trust purpose.
Term
Premium payment rule
Definition
Tax rule for short-term trust making the trustor tax liable if the trust can be used to pay the trustor’s insurance premiums.
Term
Pour-over trust
Definition
Property being added to the corpus of a separate trust.
Term
Power of appointment
Definition
legal right to select successor beneficiary.
Term
Principal
Definition
Trust property of cash.
Term
Private trust
Definition
Trust designed to fulfill a private purpose of the trustor.
Term
Public trust
Definition
Charitable trust.
Term
Purchase money resulting trust
Definition
Resulting trust in which person holds property for the benefit of the person who paid for the property.
Term
Qualified terminable interest property (QTIP)
Definition
Property left to a surviving spouse under a trust that qualifies for a marital deduction.
Term
Recapture Rule
Definition
Tax rule taxing the trustor of a short-term trust.
Term
Remainderman
Definition
Person in whom legal and equitable titles merge.
Term
Res
Definition
Trust property consisting of personally.
Term
Resulting trust
Definition
Implied trust in which the trust property reverts to the trustor.
Term
Reversion
Definition
Legal and equitable title merging in the trustor.
Term
Reversionary interest
Definition
Remainder interests of a trustor.
Term
Revocable trust
Definition
Trust in which the trustor retains the power to revoke.
Term
Rule Against Perpetuities
Definition
All interests must vest, if at all, within 21 years after the death of a life in being plus the period of gestation.
Term
Salvage doctrines
Definition
State statutory rules used to save trusts from violating the rule against perpetuities.
Term
Self-dealing
Definition
Breach of fiduciary obligation in which trustee makes a benefit for himself instead of the trust.
Term
Settlor
Definition
Trustor who creates a trust with personal property.
Term
Sovereign immunity
Definition
Legal inability to sue the government.
Term
Specific performance
Definition
Court order to perform a specific act.
Term
Spendthrift trust
Definition
Trust designed to prevent the beneficiary from alienating his interest.
Term
Spray trust
Definition
Discretionary trust.
Term
Sprinkling trust
Definition
Discretionary trust.
Term
Statute of Uses
Definition
Feudal law concerned with trusts.
Term
Statutory trust
Definition
Trust provided by specific state statute.
Term
Testamentary trust
Definition
Trust created by a will.
Term
Totten trust
Definition
Bank account “in trust for" a third party.
Term
Trust instrument
Definition
Document creating a trust.
Term
Trustee
Definition
Person who holds legal title to trust property.
Term
Trustor
Definition
Creator of a trust.
Term
Trust property
Definition
Property held in trust.
Term
Use
Definition
Feudal term for a trust.
Term
Vested
Definition
Moment at which a person has an enforceable right.
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