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Trust and Estate Law
SUNY Albany Prof. Paul Morgan Midterm
20
Law
Undergraduate 4
03/13/2013

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Cards

Term
Beneficiary
Definition
Takes under the will
receives benefit
Term
Creditor
Definition
Someone you owe money to
Term
Probate Asset
Definition
In the decedents name alone
Term
Non Probate Asset
Definition
anything else not in the decedents name alone
ex: joint acct
Term
Devisee
Definition
Takes real property
Term
Legatee
Definition
Takes personal property
Term
Distributee
Definition
closest relative
can object to the will
distributes the will
takes if there is no will
Term
Intestate
Definition
Dies without a will
Term
Testate
Definition
Dies with a will
Term
Issue
Definition
Children and Grandchildren
all people below you
Term
Residuary Beneficiary
Definition
Gets the remainder of the will
RRR - "rest residue in remainder"
residuary clause - whatever you don't mention goes to this person
Term
Trust
Definition
somebody holds on to the money for somebody's benefit
Term
Inter Vivos
Definition
Living Trust
Set up when person is alive
names someone as the trustee to handle the money
residuary when dead goes through the estate not the trust
Term
Totton Trust
Definition
Payable on death account
beneficiary gets money after you die
not a joint acct
beneficiary can be changed during lifetime
Term
Lapsed Bequest
Definition
if you can't get football, you don't get it
must surive 5 days
cant give away what you don't have
Term
Ademption
Definition
you don't own it when you die
can't will what you don't have
Term
Abatement
Definition
cutting back because less in the estate than originally willed
will 100k each to A and B
estate only has 50K
A and B only get 25K each
Term
IRA Policies
Definition
same thing as life insurance
individual retirement
Term
Life Estates
Definition
one owns the house
one gets to live in it
can sell the life estate
owner pays mortgage, life tenant gets to live there
Term
Life Estate Defeasible
Definition
can be defeated
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