Abatement
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
Actual Custody of the Body
the physical possession of the dead human body
Ademption
the extinction or withdrawal of a legacy under a will by an act
equivalent to revocation
Administrative Agency
an appointed governmental body charged with implementing particular legislation
Administrative Law
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, etc.)
Administrator
a man who has been appointed by the court to settle an estate
Administratrix
a woman who had been appointed by the court to settle an estate
Agent Driver
those drivers under the directions and control of a funeral director
who is liable for their actions
American with Disabilities Act (ADA)
a federal statute prohibiting discrimination against the disabled in
employment, public transportation, telecommunications services, and
public accommodations and services operated by private entities
Apprentice/Intern/Resident Trainee
a person engaged in learning the practice of funeral directing and/or
embalming under instruction, direction, or personal supervision of a
duly licensed funeral director and/or embalmer
Bequest (Legacy)
a gift of personal property by will
Body Parts
in the UAGA, 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
unnecessary mutilation, the custody of the remainder of the body rests
with the person who otherwise has the right to control final disposition
Brain Death
total and irreversible cessation of brain function as indicated by a
flat EEG reading
Building Code
laws, ordinances, and government regulations setting forth
requirements for construction, maintenance,s operation, occupancy, use
or appearance of buildings
Cadaver
a dead human body intended solely for scientific study and dissection
Case Law
court decisions that establish precedent principles
Clinical Death/ Legal Death
the absence of all vital signs
Codicil
an addition or amendment of a last will and testament executed with
the same formality as the will
Common Carrier
any carrier required by law to convey passengers or freight without
refusal if the approved fare or charge is paid (airline, train, etc.)
Common Law
a system of jurisprudence based on judicial precedents rather than
statutory laws
Constitution
any fundamental or important law or edict
Constructive Custudy
having the authority to control disposition although another party
has physical possession
Creditor's Claim
a legal process used by one wishing to collect a debt from an estate
Cremation
the reduction of a dead human body to inorganic bone fragments by
intense heat in a specifically designed retort or chamber
Crime (Criminal Act)
an action in violation of constitution, status, or ordinance, e.g.,
treason, felony, misdemeanor
Custodian
a funeral director becomes the legal protector of a dead human body
from the time of removal until final disposition
Dead Human Body (Corpse)
the body of a dead human being, deprived of life, but not yet
entirely disintegrated
Death
a state of complete and irreversible cessation of metabolic processes
leading ultimately to dissolution of the organs
Degree of Kindred
relationship to decedent of his relatives; each generation is one
degree, counting to a common ancestor
Devise
a gift of real estate made by will
Devisee
one who inherits real estate under a will
Disinterment (Exhumation)
the removal of a human corpse previously buried in the earth
Doctrine of 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
Durable Power of Attorney
exists when person executes a power of attorney which will become or
remain effective in the even the or she should later become disabled
Embalmer
a person, properly licensed, who disinfects, preservers, or restores
a dead human body
Eminent Domain
the inherent power of a government to take private property for
public use; in the US just compensation to the property owners is required
Entombment
the placing of a remains in a crypt in a mausoleum
Environmental Protection Agency (EPA)
a governmental agency with environmental protection regulatory and
enforcement authority
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
Ethics
a set of moral principles or values governing individuals or groups;
conforming to accepted professional standards of conduct
Executor
a man appointed by the will of a deceased person to carry out the
provisions thereof and settle the estate
Executrix
a woman appointed by the will of a deceased person to carry out the
provisions thereof and settle the estate
Federal Trade Commission (FTC)
agency of 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
Fetal Death
death of a product of conception prior to the complete expulsion or
extraction from its mother
Final Disposition
the conclusive performance of services with respect to the dead human body
Funeral Director
a person properly licensed, engaged in, or conducting, or holding
himself out as being 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
preparation and disposition, or for the care of dead human bodies
Funeral Establishment
a place of business used in the care and preparation for the funeral
and/or final disposition of dead human bodies
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
Gross Negligent
the intentional failure to perform a manifest duty in reckless
disregard of the consequences as affecting the life or property of another
Guardian
a judicial appointment of a person to administer the affairs of
another person who is incompetent by virtue of age or legal disability
Heir
one who inherits or is entitled to receive property by law
Holographic Will
a will written entirely by the testator with his own hand
Householder
one who owns or controls real estate where a death occurs
Inheritance
the estate which passes from the decedent to his/her heirs
Insolvent Estate
the condition of the estate of a deceased person which is unable to
pay the debts of the decedent and/or the estate
Interment
the act of placing the dead human body in the ground
Intestate
the state or condition of dying without having made a will
Intestate Succession
the succession of an heir at law to the property and estate of his
ancestor when the latter has died without a will
Interstate
between states
Intrastate
within a state
Inventory (in Probate)
listing and valuation of a decedent's assets by personal
representative of the estate
Justice of Peace
a public officer whose duties may include, among other things, the
investigation of death
Kin
one's relatives collectively; referring to blood relationship
Law
a rule of action prescribed yb an authority able to enforce its will
Legatee
one who inherits personal property under a will
Liability
responsibility for wrongful acts
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)
Live Birth
the complete expulsion or extraction from its mother of a product of
conception which, after such separation, breathes or shows any other
evidence of life
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 make
decisions regarding his/her medical treatment
Malpractice
improper or negligent professional act by a professional person
Medical Examiner/Coroner/Justice of Peace
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
Mental Anguish
mental suffering resulting from grief, severe disappointment,
indignation, wounded pride, shame, public humiliation, despair, etc.,
usually accompanied by physical injury or 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
mortgage
a secured loan on a parcel of real estate
Moral Turpitude
crime involving a willful wrongdoing, usually a felony
Mortuary Law/Mortuary Jurisprudence/Funeral Service Law
that branch of law that relates to matters concerned with the
disposal of the dead
Mutilation
altering of an object or a dead human body from its original condition
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 of due care (exercised by a wrongdoer who has not acted
as a reasonable person would)
Nuisance
a landowner's use of property which interferes with the public's or
another landowner's use of his property
Nuisance in Fact
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 Per Se
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
Nuncupative Will
oral will dictated by testator during last illness before appropriate
witnesses to dispose of personal property and afterwards reduced to writing
Occupational Safety and Health (OSHA)
a governmental agency with the responsibility for regulatory and
enforcement of safety and health matters for most employees
Ordinance
a law passed by a municipal governing body pertaining to matters not
already covered by Federal or State law (zoning, building, safety
ordinances, etc.)
Outrageous Act
an act with complete disregard for proper conduct
Per Capita
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
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 breach will
usually cause anguish
Per Stirpes
the method of dividing an estate where a class or group takes the
share which the deceased would have been entitled to, and not as so
many individuals, i.e., by right of representation
Personal Representative
a person who represents and settles the estate of deceased persons,
i.e., executors and administrators
Police Power
the inherent power of every government to make reasonable laws to
protect the safety health, morals, and general welfare of its citizens
Power of Attorney
an instrument granting someone authority to act as agent or
attorney-in-fact for the grantor; an ordinary power of attorney is
revocable and automatically terminates upon the death or incapacity of
the principal
Precedent
a decision of a court which is thereafter followed as an example by
other courts
Preparation Room
that facility in a funeral home especially designed and equipped for
embalming and preparation of dead human bodies
Private Carriers
those who transport only in particular instances and only for those
they choose to contract with (funeral home vehicles and livery)
Probate
the act or process of proving a will
Probate Court
a court having jurisdiction over estates
Probate Estate
the property of a decedent that is subject to administration by the
executor or administrator of an estate
Quasi Contract
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; the function of quasi contract is to raise
an obligation in law where, in fact, the parties made no promises
Quasi-Property Theory
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
Reciprocity
the relationship exiting between two states whereby each extends
privileges of licenser to licenses 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
Rules and Regulations
enactments by an administrative body governing the jurisdiction of
that agency
Secured Claim
a claim that is supported by a pledge of assets belonging to the debtor
Soldiers and Sailors Will
a nuncupative will, informal in nature, in which a soldier in the
field or sailor at sea may dispose of personal property only
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 affective only upon a certain event occurring
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
Statute
a particular law enacted by a legislative body
Statutory Law
law created by legislative bodies in contrast to law generated by
judicial opinions (case law) and administrative bodies
Testate
the condition of leaving a will at death
Testator
a man who makes a valid will
Testatrix
a woman who makes a valid will
Tort
a wrongful act committed by one person against another person or his property
Trustee
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
Uniform Anatomical Gift Act
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 Probate Code
a model law to achieve uniformity to probate proceedings throughout
the US
Unsecured Claim
a claim that is not supported by a pledge of other assets belonging
to the debtor
Vital Statistics
the registration, preparation, transcription, collection,
compilation, and preservation of data pertaining to birth, adoptions,
deaths, still births, marital status, et.c
Volunteer Driver
those drivers not under the direct control of the funeral director
Will
an instrument executed with required formality by a person-making
disposition of his/her property to take effect upon his/her death
Zoning Ordinance
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