Question 1

Abatement

Accepted Answer

proportional reduction of a legacy when assets are not enough to pay for services rendered.

Question 2

Actual Custody

Accepted Answer

the physical possession or the dead human body or other property.

Question 3

Ademption

Accepted Answer

the extinction or withdrawal of an inheritance because the decedent did not own the named property at the time of death.

Question 4

Administrative agency

Accepted Answer

a governmental body created by legislation empowered to regulate and issue rules and regulations.

Question 5

Administrator/Administratrix

Accepted Answer

man/woman who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament (see also personal representative).

Question 6

Agent Driver

Accepted Answer

Those drives under the directions and control of the funeral establishment which is liable for the driver's negligent actions.

Question 7

Bailee

Accepted Answer

A person who receives personal property from another as a bailment

Question 8

Bailment

Accepted Answer

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.

Question 9

Bailor

Accepted Answer

a person who delivers personal property to another as bailment

Question 10

bequest (legacy)

Accepted Answer

a gift of personal property by will

Question 11

case law

Accepted Answer

appellate court decisions that establish precedented principles

Question 12

clinical death

Accepted Answer

a phase of somatic death lasting from 5-6 minutes during which life may be restored.

Question 13

Codicil

Accepted Answer

an addition or amendment of last will and testament executed with the same formality of the will.

Question 14

Common Law

Accepted Answer

non-legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community.

Question 15

Constructive Custody

Accepted Answer

custody of a person (as a parolee) who is not under immediate physical control but whose freedom is controlled or restrained by legal authority.

Question 16

Degree of Kindred

Accepted Answer

relationship to the decedent of his relatives; each generation is one degree, counting to a common ancestor.

Question 17

Devise

Accepted Answer

a gift of real estate; the act/process of transferring ownership of real property (devise applies to both transfers as well as by wills.

Question 18

Devisee

Accepted Answer

the person who receives real property through the process of a devise

Question 19

Durable Power of Attorney

Accepted Answer

exists when one person appoints an agent; agent status which will become or remain effective in the event that the original party should become incapacitated

Question 20

Escheat

Accepted Answer

forfeiture of a decedent's property to the state in the absence of heirs.

Question 21

Executor/Executrix

Accepted Answer

man/woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.

Question 22

General Power of Attorney

Accepted Answer

a written instrument authorizing one person to do anything for the principal. In other words, one part has the full power of attorney for another party.

Question 23

Holographic Will

Accepted Answer

written entirely by the hand of the testator/testatrix

Question 24

Insolvent Estate

Accepted Answer

the condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate

Question 25

Intestate

Accepted Answer

the state or condition of dying without having made a will; intestacy

Question 26

Legatee

Accepted Answer

One who inherits personal property under a will

Question 27

Lien

Accepted Answer

a claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property)

Question 28

Living Will

Accepted Answer

a document that governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death relatively soon, and which becomes effective when said person is no longer able to make decisions regarding their medical treatment.

Question 29

moral turpitude

Accepted Answer

an act sowing inherent baseness of vileness of principle or action; shameful or wickedness; depravity

Funeral Service Law