A proportional reduction of a legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full.
Abatement.
The physical possession of the dead human body.
Actual Custody of the Body.
The extinction or withdrawal of a legacy under a will by an act equivalent to revocation.
Ademption.
An appointed governmental body charged with implementing particular legislation.
Administrative Agency.
That body of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions. (OSHA, FTC, State Board Rules).
Administrative Law.
A MAN who has been appointed by the court to settle an estate.
Administrator.
A WOMAN who has been appointed by the court to settle an estate.
Administratrix.
Those drivers under the directions and control of a funeral director who is liable for their actions.
Agent Driver.
A person engaged in learning the practice of funeral directing and/or embalming under the instruction, direction, or personal supervision of a duly licensed funeral director and/or embalmer.
Apprentice/Intern/Resident Trainee.
A gift of personal property by will.
Bequest.
In the UAGA (Uniform Anatomical Gift Act), parts are defined as "organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body for transplantation." After removal of a body part, without unncessary mutilation, the custody
Body Parts.
Total and irreversible cessation of brain function as indicated by a flat EEG reading.
Brain Death.
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use, or appearance of buildings.
Building Code.
A dead human body intended soley for scientific study and dissection.
Cadaver.
Court decisions that establish precedent principles.
Case Law.
The absence of all vital signs.
Clinical Death/Legal Death.
An addition or amendment of a last will and testament executed with the same formality as the will.
Codicil.
Any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid (airline, train, etc.)
Common Carrier.
Having the authority to control disposition although another party has physical possession.
Constructive Custody.
Another name for the Medical Examiner.
Coroner.
Another name for a dead human body.
Corpse.
An action in violation of constitution, status, or ordinance, e.g., treason, felony, misdemeanor.
Crime/Criminal Act.
A legal process used by one wishing to collect a debt from an estate.
Creditor's Claim.
A funeral director becomes the legal protector of a dead human body from the time of the removal until final disposition.
Custodian.
The body of a dead human being, deprived of life, but not yet entirely disintergrated.
Dead Human Body/Corpse.
A state of complete and irreversible cessation of metabolic processes leading ultimately to dissolution of the organs.
Death.
Relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor.
Degree of Kindred.
A gift of real estate made by will.
Devise.
One who inherits real estate under a will.
Devisee.
The removal of a human corpse previously buried in the earth.
Disinterment/Exhumation.
A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same. To stand by things decided.
Doctrine of Stare Decisis.
A person, properly licensed, who disinfects, preserves, or restores a dead human body.
Embalmer.
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.
Forfeiture of a decedent's property to the state in absence of heirs.
Escheat.
The property of a deceased person, both real and/or personal.
Estate.
A set of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct.
Ethics.
A MAN appointed by the will of a deceased person to carry out provisions thereof and settle the estate.
Executor.
A WOMAN appointed by the will of a deceased person to carry out provisions thereof and settle the estate.
Executrix.
Agency of the Federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising, and other unfair methods of competition.
Federal Trade Commission (FTC).
Death of a product of conception prior to the complete expulsion or extraction from its mother.
Fetal Death.
A person properly licensed, engaged in, or conducting, or holding himself out as being in engaged in:
1. preparing, other than by embalming, for the burial or disposition of dead human bodies,
2. maintaining or operating a funeral establishment for the pr
Funeral Director.
A place of business used in the care and preparation for the funeral and/or final disposition of dead human bodies.
Funeral Establishment.
A judicial appointment of a person to administer the affairs of another person who is incompetent by virture of age or legal disability.
Guardian.
One who inherits or is entitled to receive property by law.
Heir.
One who owns or controls real estate where a death occurs.
Householder.
The estate which passes from the decedent to his/her 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 Estate.
The state or 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.
Between states.
Interstate.
Within a state.
Intrastate.
Listing and valuation of a decedent's assets by personal representative of the estate.
Inventory (in Probate).
A public officer whose duties may include, among other things, the investigation of death.
Justice of Peace.
One's relatives collectively; referring to blood relationship. (Legally, the surviving spouse is not a kin)
Kin.
One who inherits personal property under a will.
Legatee.
Responsibility for wrongful acts.
Liability.
A claim or charge against property for payment of some debt. (There can be no lien against a dead human body for it is not property.)
Lien.
The complete expulsion or extraction from its mother a product of conception which, after such separation, breathes or shows any other evidence of life.
Live Birth.
Automotive equipment made available for hire.
Livery.
Improper or negligent professional act by a professional person.
Malpractice.
A public officer whose duty it is to investigate cause of death when the question of accident, suicide, or homicide may be evident, or where there was no doctor in attendance.
Medical Examiner/Coroner/Justice of Peace.
Mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humilation, despair, etc., usually accompanied by physical injury or by an outrageous intentional or grossly negligent act.
Mental Anguish.
A place where dead human bodies are kept until identified and/or released for final disposition.
Morgue.
A secured loan on a parcel of real estate.
Mortgage.
Crime involving a willful wrongdoing, usually a felony.
Moral Turpitude.
That branch of law that relates to matters concerned with the disposal of the dead.
Mortuary Law/Mortuary Jurisprudence/Funeral Service Law.
Altering of an object or dead human body from its original condition.
Mutilation.
Failure to exercise ordinary care; omission to do something which a resonable, prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care (exercised by a wrongdoe
Negligence.
A landowner's use of property which interferes with the public's or another landowner's use of his property.
Nuisance.
Act, occupation, or structure that is not a nuisance per se, but may become a nuisance by circumstances of the location or manner in which it is operated.
Nuisance in Fact.
Act, occupation, or structure which is a nuisance 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.
Oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing.
Nuncupative.
A law passed by a municipal governing body pertaining to matters not already covered by Federal or State law (zoning, building, safety ordinances, etc.)
Ordinance.
An act with complete disregard for proper conduct.
Outrageous Act.
The method of dividing up an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent.
Per Capita.
Contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made; a contract whereby both parties should recognize that any breach will usually cause anguish.
Personal Service Contract.
The method of dividing an estate where a class or group takes the share which the deceased would have been entitled to, and no as so many individuals, i.e., by right of representation.
Per Stirpes.
A person who represents and settles the estate of deceased persons, i.e., executors and administrators.
Personal Representative.
The inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.
Police Power.
A decision of a court which is thereafter followed as an example by other courts.
Precedent.
That facility in a funeral home especially designed and equipped for embalming and preparation of dead human bodies.
Preparation Room.
Those who transport only in particular instances and only for those they choose to contract with (funeral home vehicles and livery.)
Private Carriers.
The act or process of proving a will.
Probate.
A fictional contract applied by a court for a person who is unable to contract for himself (i.e., medical care, death); an obligation which law creates in the absence of agreement; is invoked by courts where there is unjust enrichment.
Quasi Contract. The function of a quasi contract is to raise an obligation in law where, in fact, the parties made no promises.
The accepted theory of the legal status of a dead human body. Rights associated with the body are as if it were property for the purpose of disposition only.
Quasi-Property Theory.
The relationship existing between two states whereby each extends privileges of licenser to licensees of another state.
Reciprocity.
An action to recover possession of personal property.
Replevin.
Provision in a deed limiting the use of property and prohibiting certain uses.
Restrictive Covenant.
The omission or cancellation of an instrument; act, license, or promise.
Revocation.
Enactments by an administrative body governing the jurisdiction of that agency.
Rules and Regulations.
A claim that is supported by a pledge of 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.
Soldiers and Sailors Will.
An estate in which the assets exceed the liabilities.
Solvent Estate.
A particular law enacted by a legislative body.
Statute.
Law created by legislative bodies in contrast to law generated by judicial opinions (case law) and administrative bodies.
Statutory Law.
A condition of leaving a will at death.
Testate.
A MAN who makes a valid will.
Testor.
A WOMAN who makes a valid will.
Testatrix.
A wrongful act committed by one person against another person or his property.
Tort.
One who holds a position of trust to beneficiary; in funeral arrangements, the person who has the right to control the funeral on behalf of all survivors.
Trustee.
A law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his/her death or giving the right to another.
Uniform Anatomical Gift Act (UAGA).
A model law to achieve uniformity to probate proceedings throughout the U.S.
Uniform Probate Code.
A claim that is not supported by a pledge of other assets belonging to the debtor.
Unsecured Claim.
The registration, preparation, transcription, collection, compilation, and preservation of data pertaining to birth, adoptions, deaths, stillbirths, marital status, etc.
Vital Statistics.
Those drivers not under the direct control of the funeral director.
Volunteer Driver.
An instrument executed with required formality by a person making disposition of his/her property to take effect upon his/her death.
Will.
A law passed by a municipality by virtue of the police power that regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality.
Zoning Ordinance.
An item of tangible moveable or immovabel property except real estate and things (as buildings) connected with real property.
Chattel.
A person who delivers personal property to another in trust.
Bailor.
The power, right or authority to interpret and apply the law. The authority of a sovereign power to govern or legislate. The power to exercise authority/control.
Jurisdiction.
A will and testament that has been entirely handwritten and signed by the testator.
Holographic Will.
A contract in which the terms have not been fully carried out by all parties.
Executory Contract.
A contact in which all terms have been fully performed by all parties to the contract.
Executed Contract.