Funeral Service Law

Abated

to stop or to end

Abatement

a proportional reduction of a legacy under a will when assets out of which such legacy are payable are not sufficient to pay in full

Ademption

the extinction or withdrawal of an inheritance because decedent did not own the property at the time of death.

Administrative agencies

an appointed governmental body, charged with implementing particular legislation, issue orders and decrees that have the form of laws.

Administrative law

the 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)

Administratrix

a woman who has been appointed by the court to settle an estate.

Agent drivers

those drivers under the direction and control of the funeral establishment which is liable for the driver's negligent actions.

American with Disabilities Act

a federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities

Bequest

(legacy) a gift of personal property by will.

Building codes

requirements for construction, maintenance, operation, use or appearance.

Cadaver

a dead human body intended solely for scientific study and dissection.

Case law

the decisions or the courts. The interpretations of the higher courts set the standards of the lower courts.

Cemetery

derived from the Greek word meaning "sleeping place" - public, private, and national; land must be designated for cemetery purposes.

Civil Rights Act

prohibits discriminatory practices in employment based on race, color, religion, sex, or national origin

Codicil

an addition or amendment of a last will and testament executed with the same formality of the will.

Common carrier

transports goods or persons without discrimination to all who apply.

Common law

judge made laws. Customs that the courts find binding.

Consanguinity

relationship by descent from the same ancestor, rather than by marriage or affinity.

Corpse

the body of a dead human being, deprived of life, but not yet entirely disintegrated.

Creditor's claim

a claim required to be filed in writing, in a proper form by a person or entity owed money by a debtor who has filed a petition in bankruptcy court (or had a petition filed to declare the debtor bankrupt), or is owed money by a person who has died.

Dead human body by legal definition

the body of a dead human being, deprived of life, but not yet entirely disintegrated.

Devise

a gift of real estate made by will

Devisee

one who inherits real estate under a will.

Disability

is any physical or mental impairment that substantially limits one or more life activities, a record of having such an impairment, or being regarded as having such an impairment.

Disinterment

(exhumation) the removal of a dead human body from its place of burial.

Distribution per capita

per head - equally to the children

Distribution per stirpes

a distribution among heirs according to their relationship to the deceased

Durable power of attorney

exist when a person executes a power of attorney and will become or remain effective in the event he / she becomes disabled at a latter date.

Eminent domain

the inherent power of a government to take private property for public use.

Escheat

forfeiture of a decedent's property to the state in the absence of heirs

Estate

the property of a deceased person, both real and / or personal

Executor

a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate

Fair Labor Standards Act

covers three areas of employment law: minimum wage, overtime compensation, and equal pay.

Fee simple estate

largest and most complete right in property. The right to own forever.

General power of attorney

an instrument in writing authorizing, one person to do anything for the principal. In other words, one party has full power of attorney for another party

Gram-Leach Bliley Act

is to provide consumers of financial institutions the ability to control how and by whom private financial information they supplied to the institution will be used

Heir

one who inherits, or is entitled to receive property by will or laws intestacy

Holographic will

a will written entirely by the testator with his own hand.

Householder

the occupier of a house - one who owns or controls real estate where a death occurs.

Inheritance

the estate which passes from the decedent to his / hers heirs.

Interstate

between two or more states

Intestate

the state or condition of dying, without having made a will.

Intrastate

within a state

Inurnment

to place a cremated body's ashes in an urn.

Legacy

a gift of personal property by will

Legatee

one who inherits personal property under a will.

Lien

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).

Life estate

own for only a lifetime.

Livery

automotive equipment made available for hire.

Living will

a document which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time, and when such person is no longer able to m

Magnuson-Moss Warranty Act

is a federal statute which governs expressed and implied warranties.

Mental anguish

mental suffering, resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, ect., usually accompanied by physical injury of by an outrageous intentional or grossly negligent act.

Morgue

a place where dead human bodies are kept until identified and / or released for final disposition.

Mortuary jurisprudence

same as mortuary law.

Mortuary law

that distinct branch of the law that deals with the rules of conduct and cation governing the funeral director in legal relations.

Mutilation

any altering or change made to a dead human body from the time of death, other than by natural causes.

Negligence

failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack or due care (exercised by a wrongdoe

Nuisance

a landowner's use of property which interferes with the public or another landowner's use of his property

Nuisance in fact

act, occupations or structures which are nuisances per se, but may become nuisances by reason of the location or manner in which it is operated

Nuisance per se

act, 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

Nuncupative will

oral will declared or dictated by testator during last illness before appropriate witness to dispose of personal property and afterwards reduced to writing (not valid in all states).

Ordinances

laws that are passed by a city council or municipal body, usually pertain to matters not covered by Federal or State laws.

OSHA

a governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most employees

Personal representative

person who represents and administers the estate of deceased persons (executors and administrators).

Personal service contract

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 such breach will usually cause anguish.

Police power

the inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.

Probate court

a court having jurisdiction over estates

Publication

testator's informing witnesses that document being signed is the testator's will.

Reciprocity

the relationship existing between two states whereby each extends some privileges of licensure to licensees of the other state

Replevin

an action to recover possession of personal property.

Restrictive covenant

provision in a deed limiting the use of property and prohibiting certain uses.

Revocation

the omission or cancellation of an instrument, act, license, or promise

Solvent estate

an estate in which the assets exceed the liabilities

Springing power of attorney

an instrument in writing authorizing one person to act as an agent for another effective only upon a certain event occurring

Testator

a man who makes a valid will.

Stare decisis

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.

Truth-in-Lending Act

is to insure that consumers who are provided credit by banks and businesses are full apprised of all aspects of the credit agreement.

Uniform Anatomical Gift Act

a law that permits a person of sound mind to donate their body.

Variable workweek agreement

also known as a fluctuating workweek agreement; it permits an employer to pay half time for overtime rather than time and a half.

Will

an instrument executed with required formality by a person making disposition of their property to take effect upon their death.

Zoning ordinance

a law passed by a municipality by virtue of the police power which regulates and prescribes the kind of building, residences, or businesses that shall be built and used in different parts of the municipality.