Estate & Probate
52 terms
Wills, trusts, inheritance, probate, and the rules around passing assets after death.
Ad slot
- AbatementReduction or elimination of gifts in a will when the estate doesn't have enough money to pay all debts and bequests.
- AdemptionWhen a specific gift in a will is removed or no longer exists at the person's death.
- Ademption by General LegacyA will gift fails because the estate lacks the money or property to pay it.
- Ademption by SatisfactionA gift during life counts toward reducing what a beneficiary receives from a will.
- AdministratorA person appointed by the court to manage an estate when there is no will.
- BeneficiaryA person or organization entitled to receive money or property from a trust, will, or insurance policy.
- BequestA gift of personal property left to someone in a will.
- Charitable TrustA trust that provides income to beneficiaries while ultimately donating the remaining assets to charity.
- CodicilA written amendment or addition to an existing will.
- Collateral HeirA relative who is not a direct descendant, such as a sibling, aunt, uncle, or cousin.
- DeviseA gift of real property, such as land or a house, made through a will.
- DisclaimerA legal refusal by a beneficiary to accept an inheritance or gift.
- Elective ShareA surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
- EscheatProperty passes to the state when a person dies with no will and no heirs.
- Estate TaxA federal tax on the total value of a deceased person's estate.
- ExecutorThe person appointed to carry out the instructions in a will.
- Fee SimpleComplete ownership of property with no restrictions or time limits.
- Generation-Skipping Transfer TaxA federal tax on gifts or inheritances that skip a generation, preventing tax avoidance.
- Gift TaxA federal tax on money or property given to another person during your lifetime.
- GrantorThe person who creates a trust and transfers property into it.
- GuardianshipA court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
- HeirA person legally entitled to inherit from someone who dies without a valid will, determined by state law.
- Holographic WillA will written entirely in the testator's own handwriting without witnesses.
- In Terrorem ClauseA will provision that punishes beneficiaries who challenge the will by cutting off their inheritance.
- Intestate SuccessionThe legal process of distributing a deceased person's property when they leave no valid will.
- Irrevocable TrustA trust that cannot be changed, modified, or terminated once created without beneficiary consent.
- IssueAll direct descendants of a person, including children, grandchildren, and great-grandchildren.
- Life EstateThe right to use and enjoy property during someone's lifetime only.
- Living WillA document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
- Marital DeductionA federal tax benefit allowing unlimited transfer of property between spouses without estate or gift tax.
- Next of KinThe closest living relative or relatives of a deceased person, determined by law.
- Non-Probate AssetsProperty that passes to beneficiaries outside the probate process, bypassing court involvement.
- Per CapitaA way of dividing an inheritance equally among all living beneficiaries at the same level, regardless of family branches.
- Per StirpesA way of dividing an inheritance by family branch, where each branch gets an equal share regardless of how many people are in it.
- Power of AttorneyA legal document authorizing someone to act on your behalf in financial or medical decisions.
- ProbateThe court process of validating a will and distributing a deceased person's estate.
- Probate CourtThe court that oversees the validation and execution of wills and estate administration.
- Probate EstateProperty owned by a deceased person that passes through the court-supervised probate process.
- Qualified Terminable Interest Property TrustA trust that lets a surviving spouse receive income while preserving assets for other heirs.
- Remainder InterestThe right to receive property after someone else's temporary interest ends.
- Reversionary InterestThe right to reclaim property when someone else's temporary interest ends.
- Revocable TrustA trust that the grantor can modify, amend, or terminate during their lifetime.
- Rule Against PerpetuitiesA legal rule preventing trusts from lasting forever and tying up property indefinitely.
- Separate PropertyProperty owned by one spouse individually, not subject to division in a divorce or affected by the other spouse's debts.
- Spendthrift TrustA trust that restricts a beneficiary's ability to spend or transfer their inheritance to creditors.
- Testamentary CapacityThe legal and mental ability required to make a valid will or trust.
- Testamentary TrustA trust created within a will that takes effect after the person dies.
- Trust CorpusThe actual money, property, or assets that make up a trust.
- Trust IncomeMoney earned by trust assets, such as interest, dividends, or rental payments.
- Trust InstrumentThe legal document that creates a trust and outlines how assets will be managed and distributed.
- Trust SitusThe location where a trust is administered and its legal proceedings take place.
- TrusteeThe person or institution legally responsible for managing assets held in a trust.