Vocab

Question 1

A proportional reduction of a devise when estate assets are not sufficient to pay it in full

Answer 1

Abatement

Question 2

The physical possession of the dead human body or other property

Answer 2

Actual custody

Question 3

A governess body created by legislation empowered to make and enforce rules and regulations

Answer 3

Administrative agency

Question 4

the rules and regulations created by federal and state administrative agencies (OSHA,FTC< state board rules and regulations)

Answer 4

administrative law

Question 5

those drivers under the directions and control of the funeral establishment which is liable for the driver’s negligent actions

Answer 5

agent drivers

Question 6

a person who recieves personal property from another as a bailmant

Answer 6

bailee

Question 7

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

Answer 7

bailment

Question 8

a person who delivers personal property to another as a bailment

Answer 8

bailor

Question 9

appellate court desisions based on custom and usage and prior desicions

Answer 9

case law

Question 10

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

Answer 10

codicil

Question 11

the situation whereby one a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possesion

Answer 11

constructive custody

Question 12

status associated with funeral service practitioner/funeral establishment who becomes legal protector of dead human body from time of removal until final disposition

Answer 12

custodian

Question 13

a gift of real of personal property by will

Answer 13

devise

Question 14

the person who recieves a devise

Answer 14

devisee

Question 15

a power of atterny that remains in effect after the disability or incapacity of the principal

Answer 15

durable power of attorny

Question 16

one who inherits or is entitled to receive property by laws of intestacy

Answer 16

heir

Question 17

a will written entirley by the hand of the testator

Answer 17

holographic will

Question 18

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

Answer 18

insolvent estate

Question 19

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

Answer 19

intestate

Question 20

an agreement for future funeral services which cannot be terminated or canceled prior to the death of the benificiary

Answer 20

irrevocable contract

Question 21

failure to perform a professional service with the ability and care generally exercised by others in the proffesion

Answer 21

malpractice

Question 22

a condition which may result from an outrageous intentional or grossly negligent act and may be accompanied by physical injury

Answer 22

mental anguish

Question 23

any altering change made to a dead human body from the time of death, other than by natural causes

Answer 23

mutilation

Question 24

failure to exercise reasonable care

Answer 24

negligence

Question 25

agreement in which the funeral home promises to apply the amount prepaid plus any accruals to the balance due. However, the cost of the funeral will be based upon the current price for the services and merchandise at the time the services are provided

Answer 25

non-guaranteed contract

Question 26

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)

Answer 26

nuncupative will

Question 27

a law passed by a local municipal governing body ( zoning, building, safety)

Answer 27

ordinance

Question 28

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 kndred to the decedent

Answer 28

per capita

Question 29

the method of proportionatley dividing the estate between beneficiaries according to their deceased ancestor's share

Answer 29

per stirpes

Question 30

the inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens

Answer 30

police power

Question 31

an intsrument granting someone authority to act as agent or attorney-in-fact for the principal; an ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal

Answer 31

power of attorney

Question 32

a claim which is accorded a priority, advantage or privilege

Answer 32

preffered claim

Question 33

funeral arrangements made in advance of need that include provisions for funding or prepayment

Answer 33

pre-funded-funeral arrangments

Question 34

funeral arrangments made in advance of need that do not include provisions for funding or prepayment

Answer 34

pre-planned funeral arrangements

Question 35

the process of administering the estate and determining the validity of a will

Answer 35

probate

Question 36

a court having jurisdiction over estates

Answer 36

probate court

Question 37

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

Answer 37

quasi-property-theory

Question 38

an action to recover possession of wrongfully withheld personal property

Answer 38

replevin

Question 39

provision in a deed limiting the use of real property and prohibiting certain uses

Answer 39

restrictive covenant

Question 40

agreement which may be terminated by the perchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law

Answer 40

revocable contract

Question 41

the omission or cancellation of an instument, act, license or promise

Answer 41

recocation

Question 42

a policy of courts to stand by a desicion and apply it to future cases where the facts are substantially the same

Answer 42

state decisis

Question 43

a law enacted by the legislative body

Answer 43

statute

Question 44

the condition of leaving a will at death

Answer 44

testate

Question 45

a person who makes a valid will

Answer 45

testator

Question 46

private or cival wrong against a person or his or her property, other than by breach of contract, for which there may be action for damages

Answer 46

tort

Question 47

account established by an individual to be held for the benefit of another (as a method of payment of funeral expenses); creates a fiduciary responsibility. Money paid to a funeral home for future servises is placed in an account with the funeral home as trustee for the benifit of another

Answer 47

trust account

Question 48

one who holds title to property or another position of trust to a benificiary

Answer 48

trustee

Question 49

those drivers not under the control of the funeral director

Answer 49

volunteer driver

Question 50

an instrument executed with required formality, by persons making disposition of their property to take effect upon their death

Answer 50

will

Question 51

a law passed by a local unit of governmet which regulates and prescribes the land use planning

Answer 51

zoning ordinance

Question 52

a landownders' use of property which interferes with the public or another landowners' use of their property

Answer 52

nuisance