Administrator:
The individual the court
appoints to handle the estate of a person who died without a will. Sometimes
a family member performs this duty, but most often the administrator is
a lawyer who must be paid by the estate.
Codicil:
A small amendment to a will
that makes a minor change.
Elective share:
The share provided by state
law to the spouse and children of the deceased. Usually this is a dollar
figure that is paid to the survivors before any other bills or bequests
are doled out.
Executor:
The person who closes an
estate. (If the executor is a woman, she is sometimes called the executrix.)
Guardian:
The individual left in charge
of caring, feeding and educating the dependent(s) of the deceased. Most
often, the surviving parent becomes the guardian of the children's person
and property. All guardians are subject to court approval.
Intestate or Intestacy:
Dying without a will.
"Per stirpes" is a Latin
phrase meaning:
If a child dies before the
parent, that child's children split the share.
Probate estate:
Property exclusively belonging
to the deceased. Shared property (such as a joint checking account) is
not included. The payoff from a life insurance policy is not usually considered
part of the probate estate.
Renouncing the will:
A person may decide not
to accept the inheritance left to them in a will, and instead take a share
of the estate as provided by the law.
Testate:
Dying with a will.
Testator:
The person who has written
the will.
Trustee:
The executor of a trust.
Trust:
A legal arrangement in which
an individual gives control of assets or capital to another person.
Will:
A legal document which indicates
how a person wants their belongings to be distributed after their death.
A will can also express how a person wants themselves and their property
to be taken care of should they become incapacitated.
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