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N12
| Term | Definition |
|---|---|
| Inheritance | @ death, estate is probated |
| Probate | court proceeding validates will, totals assets, distributes to heirs |
| Testate | to die with a will |
| Testator | person who makes a will |
| Intestate | die without will, property passes to heirs according to law |
| Administrator | court appointed executor (if none) |
| Holographic will | handwritten |
| Nuncupative will | oral/deathbed (2 witnesses) |
| Devise | transfer of real property |
| Descent | transfer of real estate from person intestate |
| Bequest | Legacy. gift of personal property |
| Involuntary alienation | forced transfer through eminent domain, adverse possession, foreclosure proceedings |
| Voluntary alienation | un coerced transfer by gift/deed |
| Severalty ownership | ownership by 1 person |
| Joint tenancy | ownership by 2+ people w/ right of survivorship, time, title, interest, possession |
| Automatic right of survivorship | @ death of one joint tenant interest goes to remaining joint tenants |
| Community property | property acquired by hubby+wife during mariage seperate property=gift, inheritance, seperate funds, prior to wedding |
| Tenancy in common | co-ownership by 2+ (natural/legal persons) NO RIGHT OF SURVIVORSHIP |
| Suit for partition | legal action to terminate tenancy in common/joint tenancy |
| Tenancy by the entireties | ownership interest between h+w only w/ right of survivorship (not in AZ) |
| General partnership | each partner has full liability for debts of partnership |
| Limited partnership | composed of general and limited partners |
| Limited Liability Companies (LLC) | business entity combines characteristics of limited partnerships and certain types of corporations |
| Bly Sky Laws | regulate securities |
| Condominium | individual fee simple ownership of a unit plus shared ownership of the common areas (building, land, parking, stairways, pool) owner receives deed, pays property taxes. Can be residential, office, industrial. |
| Cooperative | corporation holds title to the building and the unit buyer purchases stock in corp. long term proprietary lease, NO deed. stock transfers at sale of unit. |