Funeral Service Glossary Revised Flashcards
Abatement
a proportional reduction of a legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full
Ademption
the extinction or withdrawal of an inheritance because the decedent did not own the named property at the time of death.
Administrative agency
a governmental body created by legislation empowered to regulate and issue rules and regulations.
Administrative law
that body of law created by Federal and State administrative agencies through implementation of powers and duties in the form of rules, regulations, orders and decisions (e.g., OSHA, FTC, state board rules and regulations).
Bequest (legacy)
a gift of personal property by will.
Building code
laws, ordinances and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings.
Case law
appellate court decisions that establish precedential principles.
Common law
non legislated principles and rules of action predicated upon usages and customs which the court considers binding on the community.
Constructive custody
the situation whereby one party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession.
Custodian
status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition.
Due diligence
the attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.
Federal Trade Commission (FTC)
an agency of the federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.
Final disposition
the conclusive performance of services with respect to the dead human body by one of 48 the legally recognized methods.
General power of attorney
a written instrument authorizing one person to do anything for the principal. In other words, one party has full power of attorney for another party.
Gross negligent act
the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
Guardian
a judicial appointment of one person to administer the affairs of another person who is incompetent by virtue of age or legal disability.
Holographic will
a will written entirely by the hand of the testator/testatrix.
Intestate succession
the method used to distribute property owned by a person who dies without a valid will
Kin
one’s relatives collectively; referring to blood relationship (legally, the surviving spouse is not a kin).
Legacy
a gift of personal property by will.
Legatee
one who inherits personal property under a will.
Lien
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).
Malpractice
improper or negligent professional act by a professional person.
Moral turpitude
an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity.
Nuncupative will
oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing (not valid in all states).
Outrageous act
an act with complete disregard for proper conduct which transcends the bounds of common decency.
Per capita
the method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree of kindred to the decedent.
Personal representative
person who represents and administers the estate of deceased persons; executor and/or administrator of an estate.
Per stirpes
the method of proportionately dividing an estate between beneficiaries according to their deceased ancestor’s share.
Police power
the inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
Power of attorney
an instrument granting someone authority to act as agent or attorney-in-fact for the grantor; an ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal.
Preferred claim
a claim which is accorded a priority, advantage or privilege; a superior claim or right of payment as against another of the same kind or class. The first claim to be paid is the highest preferred claim and superior to all other claims.
Priority
the order in which claims will be paid when there are insufficient assets to pay all of the claims , or the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body
Probate
the process of preserving the estate, determining the validity of a will and distributing the estate to the proper heirs.
Probate court
a court having jurisdiction over estates.
Probate estate
the property of a decedent that is subject to administration by the executor or administrator of an estate.
Quasi contract
a fictional contract created or implied by a court for a person who is unable to contract for himself (e.g., medical care, death); an obligation which law creates in the absence of agreement; is invoked by courts where there is unjust enrichment.
Quasi-property theory
the accepted theory of the legal status of a dead human body; rights associated with the body are as if it were property for the purpose of disposition only.
Replevin
an action to recover possession of wrongfully withheld personal property.
Revocation
the omission or cancellation of an instrument, act, license or promise.
Rules and regulations
enactments by an administrative body within the jurisdiction of that agency.
Soldiers and sailors will
a nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.
