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Chapter 5-6; Basic Wills, Trusts, and Estates for Paralegals
5th
84
Law
Undergraduate 4
08/28/2011

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Term
Abatement
Definition
Process of selling estate property to pay debts.
Term
Ademption
Definition
Loss of a testamentary gift because the testator no longer owns the property at his or her death.
Term
Advancement
Definition
Inter vivos gift to children in anticipation of their share of the parent’s estate.
Term
Anti-lapse statute
Definition
State law providing that gifts to deceased heirs go to those person’s heirs.
Term
Attestation
Definition
Clause signed by witnesses to a will.
Term
Beneficiary
Definition
Recipient of personal property under a will.
Term
Bequest
Definition
Testamentary gift of personal property.
Term
Codicil
Definition
Formal document used to amend a will.
Term
Demonstrative legacy
Definition
Testamentary gift of money from a particular source.
Term
Dependent relative revocation
Definition
Court doctrine holding that if a later will is found invalid; an earlier valid will shall be probated.
Term
Devise
Definition
Testamentary gift of real property.
Term
Devisee
Definition
Recipient of testamentary gift of real property.
Term
Durable power of attorney
Definition
Power of attorney that takes effect upon execution and lasts despite the incapacity of the principal.
Term
Execution of a will
Definition
Formal signing and witnessing of a will.
Term
Exordium
Definition
Introductory paragraph of a will.
Term
Fraud
Definition
Misrepresentation to induce a person to sign a will.
Term
General revocatory clause
Definition
Will provision revoking earlier wills and codicils.
Term
Health care proxy
Definition
Document appointing another to make health care decisions for the principal.
Term
Holographic will
Definition
Will written in the testator’s own hand.
Term
In terrorem clause
Definition
Anti-contest clause.
Term
Incorporation by reference
Definition
Including terms of an independent document by making specific allusion to in another document.
Term
Joint will
Definition
one will used for two persons.
Term
Legacy
Definition
Testamentary gift of money.
Term
Legatee
Definition
Recipient of money under a will.
Term
Lapse
Definition
Provision in a will indicating that if a recipient of a gift under the will predeceases the testator, the gift forms a part of the testator’s residuum.
Term
Living will
Definition
Instrument indicating a person’s wishes with respect to life termination should he be unable to speak for himself.
Term
Marital deduction
Definition
Tax provision permitting property that goes to a surviving spouse to go tax free.
Term
Menace
Definition
Threats used to induce a person to sign a will.
Term
Mortmain Statute
Definition
Law limiting charitable gifts under a will.
Term
Mutual will
Definition
Identical wills executed by two persons.
Term
Nuncupative will
Definition
Oral will permitted in limited situations.
Term
Power of attorney
Definition
Authorization for one person to act on another’s behalf.
Term
Pretermission
Definition
Omitting mention of a child or issue in a will; the omitted child or issue is entitled to an intestate share of the estate.
Term
QTIP trust
Definition
Special trust that qualifies for a marital deduction.
Term
Residuum
Definition
The residuary estate.
Term
Self-proving will
Definition
Will with affidavit of attesting witnesses attached.
Term
Simultaneous death clause
Definition
Provision indicating how property is to be distributed if the testator and the heir die in a common disaster.
Term
Slayer Stature
Definition
Law prohibiting a murderer from inheriting from his victim.
Term
Springing power of attorney
Definition
Power of attorney that takes effect at some point in the future.
Term
Statute will
Definition
Form will appearing in the state statutes.
Term
Testamentary capacity
Definition
Knowing the nature and extent of one’s property and the natural bounty of one’s affections.
Term
Testimonium
Definition
Last clause in a will.
Term
Undue influence
Definition
Ability of a person in a close relationship to the testator to use that position to cause the testator to make a particular testamentary disposition.
Term
Will contest
Definition
Legal challenge to the validity of an instrument filed for probate.
Term
Advance directives
Definition
Document that expresses the health care wishes of the signatory.
Term
Civil commitment
Definition
Confinement of a person to a mental health facility.
Term
Competency
Definition
The legal ability to make decisions for oneself.
Term
Defined benefit plan
Definition
Pension plan in which the amount of the pension is specifically determined by the employee's length of service and salary.
Term
Defined contribution plan
Definition
Pension plan in which the pension is determined by the amount of the contributions made to the plan during the pensioner's period of employment.
Term
Department of veterans’ Affairs
Definition
Federal agency that administers veterans’ benefits.
Term
Do-Not-Resuscitate Directive
Definition
Document indicating that the signatory does not wish to be resuscitated or kept on a life support system.
Term
Employee Retirement Income Security Act (ERISA)
Definition
Federal statute that imposes fiduciary duties on managers of private pension Plans.
Term
Fully insured
Definition
Having worked at least 40 quarters to be qualified to receive Social Security benefits.
Term
General enrollment period
Definition
Yearly Period during which persons may enroll in Medicare Part 13.
Term
Guardian of the estate
Definition
Guardian to manage the property of an incapacitated person.
Term
Guardian of the person
Definition
Person legally authorized to manage the personal, non-financial, affairs of an incapacitated person.
Term
Health care proxy
Definition
Legal document authorizing someone other than the principal to make health care decisions for the principal should the Principal be unable to speak for him or herself.
Term
Incapacitated person
Definition
Current term for a ward.
Term
Individual account plan
Definition
Defined contribution plan.
Term
Individual retirement account (IRA)
Definition
Private pension plan given favorable tax treatment.
Term
Individual retirement account-plus (Roth)
Definition
Form of IRA that permits withdrawal without tax penal ties.
Term
Initial enrollment period
Definition
Period during which an eligible person can enroll for Medicare,
Term
Joint ownership
Definition
Two or more persons holding title to property with rights of survivorship.
Term
Limited guardianship
Definition
Guardianship for a limited purpose.
Term
Living will
Definition
Document indicating the signatory’s wishes with respect to life support should the signatory become incapacitated.
Term
Look-back period
Definition
Period of time the government will review to determine whether an applicant for Medicaid has improperly divested him or her self of his or her assets.
Term
Medicaid
Definition
Federally funded program providing medical care to low— income persons.
Term
Medicare
Definition
Federally funded health insurance for persons who receive Social Security.
Term
Medi-gap insurance
Definition
Supplemental insurance designed to provide payment for items not covered by Medicare.
Term
Non-service related disability
Definition
Disability resulting from an occurrence that did not take place during military service.
Term
Pension benefit plan
Definition
Pension plan that provides tor retirement income.
Term
Plenary guardian
Definition
Guardian of both the person and the property of an incapacitated person.
Term
Power of attorney
Definition
Legal document authorizing someone to act on the behalf of the signatory.
Term
Representative payee
Definition
Person authorized by the Social Security Administration to receive benefits on behalf of the recipient of Social Security benefits.
Term
Revocable trust
Definition
Trust that may be terminated by the creator.
Term
Social Security Act of 1933
Definition
Federal statute that provides for retirement income for qualified workers.
Term
Social Security Administration
Definition
Federal agency that administers Social Security benefits.
Term
Special enrollment period
Definition
Time period in which the working elderly can enroll in Medicare.
Term
Spend-down program
Definition
Method whereby a person divests him or her self of assets in order to qualify for Medicaid.
Term
Supplemental insurance
Definition
Health care coverage designed to provide benefits for care not covered by Medicare or other insurance programs.
Term
Supplemental Security Income (ssI)
Definition
Government transfer payments to very low-income persons.
Term
Surplus income
Definition
Income above the limit to qualify for Medicaid.
Term
Ward
Definition
Former term for an incapacitated Person.
Term
Welfare benefit plan
Definition
Employee benefit plan that provides for medical care and benefits other than retirement income.
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