Glossary of Terms

ACCOUNT

SPELLS OUT WHAT FIDUCIARY RECEIVED, DISBURSED, AND HAS LEFT ON HAND. WHAT WAS DONE WITH ASSETS AND MONEY.

ADMINISTRATION

TAKING POSSESSION OF ASSETS, PAYING BILLS, COLLECTING INCOME, ACCOUNTING FOR SAME ALL AFTER APPOINTMENT OF GUARDIAN, CONSERVATOR, PERSONAL REPRESENTATIVE OR TRUSTEE

ADMINISTRATOR

A PERSON WHO MANAGES AND DISTRIBUTES A PROBATE ESTATE WHERE DECEASED LEFT NO WILL

ATTORNEY

THE ONE THAT KNOWS THE LAW, FILLS OUT THE PAPERS, AND HOW TO GET YOU THROUGH THE PROBATE OR ESTATE PLAN

ATTORNEY

ONE WHO IS PUT IN STEAD OF ANOTHER.

ATTORNEY AT LAW

A PERSON WHO IS AN ADVOCATE OR COUNSEL EMPLOYED IN TRYING CASES IN THE COURT

ATTORNEY IN FACT

A PERSON WHO EXERCISES POWER OR AUTHORITY IN ACTING ON BEHALF OF ANOTHER

BAR

THE RAIL SEPARATING THEPUBLIC FROM THE JUDGE AND ATTORNEYS AND JURY INVOLVED IN THE TRIAL

BENCH

THE JUDGES SEAT

BENEFICIARY

PERSON WHO GETS THE INCOME OR PRINCIPAL FROM THE TRUST

BILL OF SALE

TRANSFERS TITLE TO MOST PERSONAL PROPERTY

BOND

INSURANCE TO REPLACE THE VALUE OF THE ESTATE IF THE CONSERVATOR OR PERSONAL REPRESENTATIVE ABSCONDS WITH THE ESTATE

BREACH OF FIDUCIARY DUTY

FAILURE TO ACT IN A MANNER OF CARE THAT PERSONS OF ORDINARY JUDGMENT AND INTELLIGENCE WOULD ACT IN THE MANAGEMENT OF THE AFFAIRS OF SOMEONE ELSE.

CERTIFICATE OF TITLE

STATEMENT OF OWNERSHIP OF AN ASSET USUALLY ISSUED BY A GOVERNMENTAL AGENCY

CITATION

COURT COMPELLING YOU TO APPEAR AND ANSWER QUESTIONS

CLAIMANT

A PERSON THAT SAYS THE DISABLED OR DECEASED PERSON OWES HIM SOMETHING

CONSENT

SAYS YOU WISH TO MAKE NO OBJECTION TO THAT WHICH IS CONSENTED TO

CONSERVATOR

COURT APPOINTED PERSON TO MANAGE DISABLED PERSONS MONEY OR PROBATE ASSETS

COUNSELOR

AN OLDER ATTORNEY OR ADVISOR THAT TRIES THE CASE. (ATTORNEY AS YOUNGER MEMBER OF THE BAR)

DEATH TAX

AN ESTATE TAX OR INHERITANCE TAX

DECREE OF DISTRIBUTION

THE COURT’S WAY OF TRANSFERRING TITLE TO THE DEVISEE OR HEIR

DEED

TRANSFERS TITLE TO REAL PROPERTY(LAND AND BUILDINGS)

DEVISEE

A PERSON NAMED TO RECEIVE SOMETHING FROM DECEDENT’S PROBATE ESTATE (IN DAYS GONE BY A DEVISEE RECEIVED REAL ESTATE AND A LEGATEE RECEIVED CASH OR PERSONAL PROPERTY)

DOCUMENT

A WRITING WITH LETTERS, FIGURES, PHOTOGRAPHS OR MARKS WHICH MAY BE USED FOR EVIDENCE TO PROVE A FACT

DRAFTSMAN

A PERSON THAT COMPOSES A LEGAL DOCUMENT LIKE A WILL

DUTY

A RIGHT IN ONE PERSON WHICH CAUSES A CORRESPONDING RESPONSIBILITY OR DUTY TO ACT (OR REFRAIN FROM ACTING) IN ANOTHER PERSON.

ESTATE

ALL OF A PERSON’S MATERIAL POSSESSIONS AND CLAIMS AGAINST OTHERS.

ESTATE PLAN

WHO AND HOW MONEY AND ASSETS ARE TO BE MANAGED WHILE DISABLED AND HOW AND WHO GETS ASSETS AFTER DEATH.

ESTATE TAX

TAX ON THE DECEDENT’S RIGHT TO LEAVE HIS PROPERTY TO WHOM HE WANTS

FIDUCIARY

GENERICALLY, AN EXECUTOR, ADMINISTRATOR, PERSONAL REPRESENTATIVE, CONSERVATOR, GUARDIAN, TRUSTEE, ATTORNEY IN FACT

FIDUCIARY RETURN

INCOME TAX RETURN FILED BY FIDUCIARY FOR A PROBATE ESTATE OR TRUST

GRANTEE

A PERSON WHO RECEIVES A POWER TO ACT OR AN INTEREST IN REAL ESTATE FROM ANOTHER

GRANTOR

A PERSON WHO TRANSFERS AN INTEREST IN REAL ESTATE OR A POWER TO ACT TO ANOTHER

GUARDIAN

COURT APPOINTED PERSON TO MANAGE DISABLED PERSONS HEALTH CARE, PLACE OF RESIDENCE OTHER PERSONAL ASPECTS OF LIFE. NOT MONEY OR ASSETS

HEIR

PERSONS NEAREST TO DECEASED RELATED BY BLOOD OR ADOPTION

INDEPENDENT TRUSTEE

TRUSTEE THAT MAKES PAYMENTS OF DISCRETIONARY INCOME AND PRINCIPAL (TAX DRIVEN)

INHERITANCE TAX

TAX ON THE DEVISEES OR BENEFICIARIES RIGHT TO RECEIVE AN INHERITANCE

INSTRUMENT

A FORMAL OR LEGAL DOCUMENT SUCH AS A WILL, DEED OR CONTRACT. FORMAL EXPRESSION TO A LEGAL ACT OR AGREEMENT TO CREATE OR TERMINATE A RIGHT

INTERESTED PARTY

A PERSON HAVING A CLAIM AGAINST DECEASED, A RIGHT TO INHERIT, OR NAMED IN WILL AS A DEVISEE

LAPSE

TIME’S UP. A TERMINATION OF A RIGHT, DUE TO NEGLECTING TO EXERCISE IT WITHIN A PRESCRIBED TIME

LAUGHING HEIR

PERSON RECEIVING SOMETHING FROM DECEDENT’S PROBATE ESTATE USUALLY WHEN THE DECEASED LEFT NO WILL AND NO CLOSELY RELATED HEIRS

LAWYER

A PERSON LEARNED IN THE LAW, A PERSON LICENSED TO PRACTICE LAW

NOTICE

A WRITING DESCRIBING THE CONTENTS OF A PETITION AND GIVING THE DATE AND TIME OF HEARING SO THAT YOU MAY APPEAR TO ENFORCE YOUR RIGHTS IF ANY

ORDER

THE COURT’S DECISION ABOUT A PETITION

PERSONAL REPRESENTATIVE

WHAT AN EXECUTOR OR ADMINISTRATOR BECOMES FOLLOWING COURT AUTHORIZATION

PETITION

ASKS THE COURT TO DO SOMETHING REGARDING A WILL OR TRUST

POUR OVER WILL

A SPECIAL WILL USED WHEN THE MAIN ESTATE PLAN IS ACCOMPLISHED THROUGH USE OF A TRUST. ALL PROBATE PROPERTY WILL THEN PASS INTO THE TRUST.

POWER OF ATTORNEY

GIVES ATTORNEY IN FACT CERTAIN AUTHORITY OR POWER TO DO WHAT ONLY YOU PERSONALLY COULD OTHERWISE DO

PRINCIPAL

A PERSON WHO GIVES CERTAIN POWER AND AUTHORITY TO ANOTHER TO ACT FOR HIM

PROBATE

A COURT PROCEEDING TO APPOINT A GUARDIAN OR CONSERVATOR OF A MINOR OR DISABLED PERSON,

PROBATE ESTATE

ALL OF A PERSON’S MATERIAL POSSESSIONS AND CLAIMS AGAINST OTHERS WHICH ARE SUBJECT TO PROBATE

SCRIVENER

THE ONE WHO PHYSICALLY WRITES THE LEGAL DOCUMENTS

SETTLOR OR GRANTOR

PERSON WHO TRANSFERS MONEY OR ASSETS INTO A TRUST

SUCCESSOR TRUSTEE

REPLACEMENT FOR PREVIOUS TRUSTEE

TAX ON THE DEVISEE’S OR BENEFICIARIES RIGHT TO RECEIVE AN INHERITANCE.DEATH TAX

AN ESTATE TAX OR INHERITANCE TAX

TESTAMENT

WILL

TESTAMENTARY CAPACITY

WHEN YOU KNOW WHO YOUR ERROR ARE AND WHEN YOU KNOW THE NATURE AND EXTENT OF YOUR ASSETS AND KEEPING IT ALL IN MIND IN ORDER TO WRITE A WILL

TESTATOR

A PERSON WHO WRITES A WILL

TRUST

A CONTRACT THAT TELLS A TRUSTEE HOW TO MANAGE AND DISTRIBUTE MONEY AND ASSETS HELD IN TRUST

TRUSTEE

PERSON WHO MANAGES AND DISTRIBUTES TRUST ASSETS ACCORDING TO TRUST INSTRUMENT

WHEN YOU KNOW WHO YOUR HEIRS ARE AND WHEN YOU KNOW THE NATURE AND EXTENT OF YOUR
ASSETS AND KEEPING IT ALL IN MIND IN ORDER TO WRITE A WILLIRREVOCABLE LIFE INSURANCE TRUST (ILIT)

AN IRREVOCABLE TRUST ESTABLISHED TO RECEIVE A LIFE INSURANCE POLICY. PURPOSE IS TO EXCLUDE FROM TAXABLE FEDERAL ESTATE

WILL

SAYS WHO GETS TESTATORS PROPERTY AFTER DEATH

WITNESS

A PERSON WHO SAW ANOTHER PERSON MAKE A PLAY