Estate Planning
Terms
Beneficiary
One entitled to profit, benefit
or advantage from a contract or estate.
Codicil
A written addition or amendment
to a will.
Conservatorship
A formal proceeding in which
the court appoints conservator to act on behalf of another in
business and/or personal matters.
Contingent Beneficiary
One entitled
to profit from a contract or estate only upon the occurrence
of a specific event, usually one who receives assets at the death
of the primary or lifetime beneficiary.
Decedent
A deceased person.
Descendants
Persons who follow decedent
in line of descent.
Estate
The assets and liabilities,
real and personal property, left by a decedent.
Estate Tax
Inheritance tax.
Execute
The act of signing and notarizing
trust documents.
Executor (Executrix)
Person or institution
named in a will to carry out the will's instructions.
Gift Tax
Tax levied on gifts of property,
to supplement estate and inheritance tax.
Grantor
One who creates a trust; the
trustor; the settlor.
Intervivos
"Between the living"
or "while living."
Intestate
One who dies without a will.
Issue Issue
Lineal Descendants.
Joint Tenancy
A holding of property by several
persons in such a way that any one of them can act as owners
of the whole and take the property by survivorship.
Last Will and Testament
An instrument
whereby one makes a disposition of his property to take effect
after his death.
Life interest
- An interest in property which
is to terminate upon the death of the holder (or some other designated
person) of the interest.
Living Will
- A document which formally
expresses your wish to forego extraordinary medical treatment
when you become terminally ill.
Marital Deduction
Exempts from estate tax all
property passing from one spouse to the other by reason of gift
or death.
Pour Over Will
Instrument which provides that
property not previously transferred into a revocable living trust
is to be transferred at the death of the trustor.
Powers of Appointment
Power vested
in an individual to make decisions affecting disposition on distribution
of assets.
Power of Attorney
Formal instrument by which
an agent is appointed.
Principle of Representation
Permits the
descendants of a deceased beneficiary to receive the same share
collectively that the deceased beneficiary would have taken if
he had been living.
Probate
The process of proving a will.
Probate Court
Court established for the administration
of the estates of decedents, and the control of the adoption
and guardianship of minors.
Revocable Trust
A trust in which a contingent
interest is given to another and in which the trustor retains
a present interest, ownership, and control.
Sprinkling Power
The power vested in a trustee
to distribute income to others over time.
Successor Trustee
Individual who succeeds to
the power to manage trust assets.
Trust
A right of property, real or
personal, held by one party for the benefit of another.
Trustee
One appointed to manage a trust.
Unified Credit
The total credit provided by
law which is free of estate taxation currently $625,000) per
individual.