Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
funeral law terms2
| Question | Answer |
|---|---|
| An area of ground set aside and dedicated for the final disposition of dead human remains. | Cemetery |
| A provision in a contract for sale of a business in which the seller agrees not to compete in the same business for a period of years or in the geographic area. | Covenants not to compete |
| The removal of human remains from previous location of final disposition | Disinterment ; also known as Exhumation. |
| Research and analysis of a company or organization done in preparation for a business transaction. The attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. | Due Diligence |
| The inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required. | Eminent domain |
| n | Exhumation |
| A cemetery created and maintained under an Act of Congress for burial of veterans of military service and their eligible family members. | National Cemetery |
| A landowner's use of property which interferes with the public or another landowner's use of his property. | Nuisance |
| means the act, occupation or structure is not necessarily a nuisance but can become one | Nuisance in fact a.k.a. Nuisance per accidens |
| Acts, occupations or structures which are nuisances at all times and under all circumstances. It may be prejudicial to public morals, dangerous to life, or injurious to public rights. | Nuisance per se |
| That portion or location in a funeral establishment especially designed and equipped for embalming and otherwise preparing dead human bodies (dressing, cosmetizing, or general decedent care). | Preparation room |
| Provision in a deed limiting the use of property and prohibiting certain uses. | Restrictive covenants |
| One who received property under a legal instrument, such as a will or insurance policy. | Beneficiary |
| A type of life insurance that is specifically designed to cover outstanding expenses and funeral costs after a loved one passes away | Burial Insurance ; also known as Funeral Insurance. |
| A type of credit granted by retailers that is used by individuals or families for satisfaction of their own wants. Credit created by either imposing a finance charge in a transaction with a natural person OR entering into a written agreement with a natura | Consumer Credit |
| A person who enters into a contract with another entity. | Creator |
| An agreement whereby the funeral home promises that the services and merchandise will be provided at the time of need (in the future) for a sum not exceeding the original amount of the aforementioned contract plus any accruals, regardless of the current p | Guaranteed Contract |
| A pre-need contract in which the funds may ONLY be used for funeral expenses, so they may not be removed for other purposes; an agreement for future funeral services which cannot be terminated or canceled prior to the death of the beneficiary | Irrevocable Contract ; also known as Irrevocable Funeral Arrangements. |
| Each person signing a contract is responsible for his/her share, that is, they each owe a portion of the contract. If there are 4 persons signing, each owes 1/4 of the bill. | Jointly liable |
| An account where the money from numerous individuals are placed into one account to provide a greater rate of return on the investment, though the balance for each account is kept separate. | Master Trust |
| An agreement in which the funeral home promises to apply the amount of pre-paid money plus any accruals to the balance due, though the price of the funeral service will be based upon the current price at the time of death. | Non-Guaranteed Contract |
| Funeral arrangements made in advance of need (prior to death) that DO NOT include provisions for funding or pre-payment; | Pre-Arranged funeral contract also known as Pre-Planned Funeral Arrangements. |
| na | Pre-Funded funeral contract |
| Any funeral arrangements planned in advance of need whether or not they include pre-payment. | Pre-Need funeral contract |
| Funeral arrangements made in advance of need that DO NOT include provisions for funding or pre-payment; | Pre-Planned funeral contract also known as Pre-Arranged Funeral. |
| Agreement which may be terminated by the purchaser 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. | Revocable Contract |
| The annulment, omission, or cancellation of an instrument, act, license, or promise by the one doing/making the offer. | Revocation |
| Each person signing a contract is responsible for the entire contract (e.g. if there are 4 persons signing, 1 person may be required to pay the entire bill if the other 3 people choose not to pay). | Severally liable |
| Account established by 1 individual to be held for the benefit of another method of payment funeral expenses creates a fiduciary responsibility. Money paid FH for future services placed in an account with the FH as trustee for the benefit of another. | Trust account |
| the bank or institution that manages the money | Trustee |
| The extinction or withdrawal of an inheritance because decedent did not own the named property at the time of death. | Ademption |
| The man who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament. | Administrator |
| One who received property under a legal instrument, such as a will or insurance policy. | Beneficiary |
| Leave a personal estate to a person or other beneficiary by a will. | Bequeath |
| A gift of personal property by will; also known as Legacy. | Bequest |
| An addition or amendment of a last will and testament executed with the same formality as the will. | Codicil |
| A legal process used by one wishing to collect a debt from an estate. | Creditor's claim |
| A gift of real estate made by will; the act/process of transferring ownership of real property. | Devise |
| The person who receives (inherits) real estate property through the process of a devise (a will). | Devisee |
| legal document authorizing an individual/organization to act as the agent on behalf of the principal that terminates upon revocation by the principal or death of the principal or agent and becomes effective upon the principal's becoming incompetent or una | Durable Power of Attorney |
| Forfeiture of a decedent's property to the state in the absence of heirs. | Escheat |
| The property of a deceased person, both real and/or personal. | Estate |
| A man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate. | Executor (Executrix) |
| One who inherits, or is entitled to receive, property by the laws of intestacy from the estate of a deceased person. | Heir |
| A will written entirely by the hand of the testator/testatrix. | Holographic Will |
| The home and adjoining land with any buildings that is occupied usually by a family as its principal residence. | Homestead |
| To receive (property) from an estate by operation of the laws of intestacy. | Inherit |
| The estate which passes from the decedent to heirs. | Inheritance |
| The condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate. | Insolvent |
| The state of condition of dying without having made a will. | Intestate |
| The succession of an heir at law to the property and estate of his ancestor when the latter has died without a will. | Intestate succession |
| Listing and valuation of decedent's assets by personal representative of the estate. | Inventory |
| A gift of personal property by will; | Legacy also known as Bequest. |
| One who inherits personal property under a will. | Legatee |
| A secured loan on a parcel of real estate. | Mortgage |
| Oral will declared or dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing. | Nuncupative Will |
| The method of dividing an estate by which an equal share is given to each of a number of persons, all of who stand in equal degree of the decedent. | Per capita |
| The method of proportionately dividing an estate between beneficiaries according to their deceased ancestor's share. | Per stirpes |
| Property (as a vehicle) that is movable but not including crops or other resources still attached to land; property other than real property | Personal Property |
| Person who represents and settles the estate of deceased people (e.g. executors and administrators). | Personal representative |
| The act or process of preserving the estate, determining the validity of a will, and distributing the estate to the proper heirs. | Probate |
| A court having jurisdiction over estates. | Probate court |
| Property consisting of land, buildings, crops, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it | Real Property |
| The annulment, omission, or cancellation of an instrument, act, license, or promise by the one doing/making the offer. | Revocation |
| A claim (debt) which is supported by a pledge, mortgage, or lien on assets belonging to the debtor. | Secured claim |
| A nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only. | Soldier's and Sailor's Will |
| An estate in which the assets exceed the liabilities. | Solvent |
| The right of the spouse to a portion of the estate even if not listed that way in the will. | Spousal Election |
| The condition of leaving a will at death. | Testate |
| A man who makes a valid will. | Testator (testatrix) |
| A model law intended to achieve uniformity in probate proceedings throughout the U.S. | Uniform Probate Code |
| A claim which is not supported by a pledge, mortgage, or lien on other assets belonging to the debtor. | Unsecured claim |
| A legal declaration of a person's wishes regarding the disposal of their property after death. | Will |
| The woman who is appointed by the court to settle the estate of a decedent who died without a last Will and Testament. | (Administratrix) |
| Restrictive covenants (deed restrictions) may limit what services (business) may be conducted on a given location. | A common example of this would be a restriction by a homeowners association prohibiting a business in the neighborhood. |
| The covenant must be part of a valid contract for employment or sale of a business and must be reasonable with respect to: | Length of time of restriction Geographical area Scope of activity |
| he textbook lists three areas required in due diligence: | inspection of records; interview with management; inspection of facility. |
| This type of cemetery is a municipal cemetery (owned by a governmental entity). It is open to anyone who will purchase the grave space(s). | Public |
| owed by any number of entities including a religious order or family. It may be for profit or it may be a non-profit. It may be open to anyone who wants to be buried there or it may require you to be a member of the organization | Private |
| Operated by the federal government, this cemetery is usually reserved for members or retired members of the armed forces. | National Cemetery |
| Disinterment a.k.a. Exhumation 1. Must be for a compelling public or private reason | public reason: cop first and second wives died without suspicion. When his third wife died under suspicious circumstances, the governing authorities disinterred both of his previous wives to determine if they had died under similar circumstances. |
| Disinterment a.k.a. Exhumation | private reason: If a family member (e.g. Grandpa) is buried on the family farm and the family now wishes to sell the farm, they could choose to disinter the family member (Grandpa) for reburial in the city cemetery. |
| Right to control disposition does not necessarily include the right to order disinterment. | family must be notified and give permission for a disinterment to occur (unless ordered by governmental official such as a medical examiner or court for cemetery relocation) |
| 3. Usually requires state permits | 5. In most states, a funeral director needs to be present at a disinterment. |
| transfer from a temporary holding facility on the cemetery grounds to a grave space or mausoleum crypt in the same cemetery is not considered to be disinterment. | t |
| Grave spaces are not considered to be real property. When purchased, the owner is entitled to restrictive use of that space which only includes the right to bury on that space. | For example, one could not purchase the corner lot of a cemetery for the purpose of constructing a deer tree stand or any other structure |
| Burial rights to spaces can be sold providing there are no human remains interred in that space; this space must also be unencumbered (encumbered means it has a lien against it). | Grave spaces can have encumbrances (liens) on them prior to burial of a decedent; but burial cannot take place until the encumberance is satisfied. |
| Once a person is buried in a grave, the space can no longer have an encumbrance placed on it. | Spaces can only be sold if the space is vacant and there are no encumbrances on that space. |
| To assist her sister, Jessica takes out a loan on spaces #1 and #2 in the amount of $1000 to help her sister buy another cemetery space. | This would be legal for space #2 which does not have anyone buried on it. It is illegal for space #1, as Aaron is buried on it and therefore it cannot be encumbered. |
| Alfonso and Viola can sell their spaces to James to allow him to be buried in space #7. | This is legal. |
| Because Madison needed a space, James allowed her to be buried on his burial space (#5). | This is legal. |
| After taking out a loan on their spaces, Madison dies. She can be buried on her space #4. | Unfortunately since there is a lien on the burial space, no one can be buried on the space. |
| Because Aaron liked trees, Jessica planted a tree on his space against the objections of the cemetery. | Because you do not own the land, just the right to bury and cemeteries and restrict other use of the land, like planting a tree. |
| B. Pre-Need Contracts | This means someone (usually the deceased while still alive) paid for the funeral so it was covered at the time of death. |
| At the death of their brother, two siblings sign the funeral contract for $8000. By Joint liability, how much does one sibling owe if the other refuses to pay? | 4000 |
| dies leaving three children. The funeral bill totals $12,000. One of the children pays $4,000 for their portion of the bill, but the other two do not pay anything. fh then asks the one child who had paid for the remaining $8,000. of which liability? | Severally |
| At the death of their sister, two siblings sign the funeral contract for $8000. By several liability, how much does one sibling owe if the other refuses to pay? | 8000 |
| Ms. Smith (a widow) dies leaving two adult children. The funeral costs $12,000 and is signed by both children. Each of the two children agree to pay $6,000. This is an example of which liabililty? | Jointly |
| A child dies and his divorced parents sign the funeral contract for $2000. The mother pays $1000 of the bill and the father pays $1000 of the bill. This is an example of which liability? | Jointly |
| C. The estate is primarily responsible for paying the final expenses (Lesson 1.6). | t |
| In the absence of estate code, common law states that the spouse has the obligation to pay for a spouse's funeral, and parents (specifically the father) have the obligation to pay for a minor's funeral. | If no one else assumes the responsibility to pay the bill, the secondary responsibility falls to the state or governmental agency. |
| Funeral arrangements made in advance of need that do not include provisions for funding or prepayment. | Pre-arranged funeral arrangements |
| Funeral arrangements made in advance of need that include provisions for funding or prepayment. | Pre-Funded Contract |
| A type of life insurance policy names the funeral home as the beneficiary of the entire amount of the policy. | This would require the funeral director to have an insurance license to write the policy. Any remaining funds would be paid to the family. |
| Do funeral homes qualify under the Truth in Lending Act TILA)? For a funeral home to meet the requirements of this act, the funeral home must: | Qualify as a creditor; and 2. Extend credit to consumers. |
| B. What qualifies as a creditor? | A person or business who extends consumer credit more than 25 times per year. Once you qualify as a creditor, you must abide by the requirements of the TILA for the remainder of that calendar year and the following calendar year. |
| C. What is consumer credit? | To qualify as consumer credit, fh must include a finance charge in the funeral contract OR enter into an agreement with a natural person (a breathing human rather than a business entity) that calls for payments of more than four installments. |
| A funeral home for the 53 time this year, allows a family to pay the funeral bill in monthly payments over the next year. This funeral home must comply with the Truth-In-Lending Act. | t |
| allows all families to pay the funeral bill in full within 60 days without any prior payments. All but seven families last year and fifteen families this year paid their bill within that time period. fh must comply with the Truth-In-Lending Act. | F |
| The funeral home gives a 2% discount to families who pay in full at the time of the arrangement conference. This funeral home must comply with the Truth-In-Lending Act. | F |
| For all 78 of last year's funeral home preneed contracts, the funeral home sets up monthly payments on the plan, though they require the plan to be paid in full before the funeral. This funeral home must comply with the Truth-In-Lending Act. | T |
| Two years ago 28 fam set up monthly payment plans to pay the bill. Last year, 18 fam up monthly payment plans to pay the bill. This year six families have needed to set up monthly payments to pay the bill. fh must comply with the Truth-In-Lending Act. | F |
| A funeral home has only served four families this year, but last year they had 125 families they served. Of those 125 families, only eight set up monthly payment plans to pay the bill. This funeral home must comply with the Truth-In-Lending Act. | F |
| A funeral home generally has the family pay in full before services are rendered. For the first family in three years, they set up a monthly payment plan for them to pay the bill over the next two years. fh must comply with the Truth-In-Lending Act. | F |
| The non-personalized is much easier to accomplish simply do not write a will and the non-personalized plan will go into effect when you die. | non-personalized (we choose to allow others to decide how our stuff is distributed and allow the probate court to approve their decision.) |
| 1. Requirements for writing a will | Person writing it must be of legal age (18 years old) or be emancipated e.g. they have married younger than 18 years of age or the petitioned a court, which granted them emancipation from their parents.) |
| 1. Requirements for writing a will | Person must have testamentary capacity; i.e. the person must be of sound mind to know the intent of his/her actions and the nature of the actions |
| c. The will must be: | In writing 2) Signed by the testator 3) Signed by two witnesses or by a notary public |
| 3. Revocation / amendments to a will | A will is revoked by the act of destroying all copies of the old will or by writing a new one. b. A will may be amended by operation of law by a divorcement, marriage, birth of children or adoption. |
| Isaac was a coin collector. When he wrote his will, he bequeathed 100 gold coins to each of his three children. Prior to his death, he sold 60 coins. At the time of his death, his children eacn recieved 80 coins. | Abatement |
| Prior to Ms. Jones' death, she stated in her will that her daughter would recieve a diamond and emerald broach from her estate. A few weeks before her death, Ms. Jones gave the broach to her sister. the broach was not available for the daughter. | Ademption |
| will that each of his 5 children were to receive $100,000 from his estate after his death. At the time his estate was probated following his death, his cash on hand had dropped to $350,000. Each of the children were given $70,000, instead of $100,000. | Abatement |
| this means per head. If a man dies, his wife and 4 children would each receive 1/5 of the estate. Everyone gets the same amount. | Per capita |
| this is per relationship. If a man dies, his wife may get 50%, while each of his 4 children (or their offspring) would get 12.5% of the estate. | Per stirpes |
| At the time of his death, each of Mr. Paul's 4 kids and his wife each receive 20% of his estate. This is an example of... | Distribution per capita |
| After Mrs. Grand's death, her two living children received $100,000 and the two children of her deceased son each received $50,000. | Distribution per stirpes |
| At Mr. Roberts death, he had no known living relatives and he left no will. The $60,000 in his savings account was given to the Great Iowa Treasure Hunt fund to hold until a relative could be found. | Escheat |
| 2. The duties of the personal representative includes the following: | Take inventory of assets / estate b. File and pay decedent's and estate's tax returns c. Pay claims filed by creditors of the decedent d. Account for the funds |
| If the estate is determined to be insolvent, the personal representative will pay the bills/debts in the order listed in state statute. Generally bills are paid in the following order: | administrative costs - including attorney fees, court or filing fees, and newspaper notices 2) funeral expenses taxes medical expenses: from last illness other debts: back wages, child support secured claims unsecured claims |
| c. Once the bills are paid, the personal representative will distribute the inheritance (legacy or bequest, and devise) to the heirs (legatees and devisees) and beneficiaries. | t |
| In addition, each state gives the order in which the bills will be paid from the estate. In all states, all or a portion of the funeral bill is given priority since it is considered to be an expense of the estate rather than a debt of the decedent | Mortgages are generally included in the order of priority with other secured claims, which are generally higher in priority than are unsecured claims. |
| a written document which states your preferences for health care decision | Living Will a.k.a. Advanced (Health Care) Directive - |
| Note the power of attorney almost always ends at death. Also, when writing one's power of attorney, you are naming the person you want to be in charge, but you are not specifying exactly what health care decisions they should make. | If you with to specify the type of health care decisions, this would be contained in the Living Will / Advanced Directives. |
| If a body is not buried on a cemetery space, can you take out an encumbrance on the space? | yes |
| If a body is buried on a cemetery space, can you take out an encumbrance on the space? | no |
| Can you bury a body on a space that has an encumbrance on it? | no |
| If a body has been disinterred from a space, and the space if vacant, can you sell the space? | yes |
| Can you bury cremated human remains any place you wish? | if you have permission and zoned as a cemertary |
| Can you commingle cremated remains with other cremated remains? | with permission from both next of kin of each person that was cremated |
| gift of estate made by will | Devise |
| gift of personal property by will | Legacy, Bequest |
| when you get personal property by probate process | Heir |
| inherits personal property under a will | Legatee |
| inherits real estate a will | Devisee |
| coin thing wherre you sold apart of the coins | Abatement |
| sold all the coins | Ademption |
| Liability of Funeral Bill | The estate • The next of kin • The person signing the contract • Executor/administrator • State • Insurance beneficiary |
Created by:
jcowing