Funeral Law II Flashcards

Ademption

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

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

Per stirpes

The method of proportionately dividing an estate between
beneficiaries according to their deceased ancestors share

Will

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

Escheat

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

Intestate

The sate of condition of dying without having made a will

Beneficiary

One who received property under a legal instrument, such as a will or
insurance policy

Bequeath

To give personal property by will

Codicil

An addition or amendment of a last will and testament executed with
the same formality as the will

Creditor's Claim

A legal process used by one wishing to collect a debt from an estate

Devise

A gift of real estate; the act/process of transferring ownership of
real property

Devisee

The person who receives real property through the process of a devise

Durable Power of Attorney

Situation in which one appoints an agent; agent status which will
become or remain effective in the event the original part should later
become incapacitated

Estate

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

Heir

One who inherits, or is entitled to receive property by the laws of
intestacy from the estate of a deceased person

Homestead

The home and adjourning land with any buildings that is occupied
usually by a family as its principal residence

Holographic Will

A will written entirely by the hand of the testator/testatrix

Inherit

To receive (property) from an estate by operation of the laws of intestacy

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

Intestate Succession

The method used to distribute property owned by a person who dies
without a valid will

Inventory

Listing and valuation of decedent's assets by personal representative
of the estate

Legacy

Bequest; a gift of personal property by will

Legatee

One who inherits personal property under a will

Mortgage

A secured loan on a parcel of real estate

Nuncupative Will

Oral will declared or dictated by testator during last illness before
appropriate witnesses to dispose of personal property and afterwards
reduced to writing

Per capita

The method of dividing an estate by which an equal share is given to
each of a number of persons, all of who stand in equal degree of the decedent

Personal property

property (vehicle) that is movable but not including crops or other
resources still attached to land: property other than real property

Personal Representative

Person who represents and settles the estate of deceased people

Probate

The process of preserving the estate, determining the validity of a
will, and distributing the estate to the proper heirs

Probate Court

A court having jurisdiction over estates

Real Property

Property consisting of land, buildings, crops, or other resources
still attached to or within the land or improvements of fixtures
permanently attached to the land or a structure on it

Revocation

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

Secured Claim

A debt which is supported by a pledge, mortgage, or lien on assets
belonging to the debtor

Soldier's and Sailor's 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 liabilites

Spousal Election

A surviving spouse's choice between accepting the provisions of a
will or claiming instead the portion of the estate for by statute
The right of the spouse to a portionof the estate even if not
listed that way in the will

Testate

The condition of leaving a will at death

Testator/Testatrix

Man/Woman who makes a valid will

Uniform Probate Code

A model law intended to achieve uniformity in probate proceedings
throughout the US

Unsecured Claim

A claim which is not supported by a pledge, mortgage, or lien on
other assets

Executor/Executrix

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

Administrator/Administratrix

Man/Woman who is appointed by the court to settle the estate of a
decedent who died without a last will and testament

Police Power

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

Administrative Law

body of law created by Federal and State administrative agencies
through implementation of powers and duties in the form of rules,
regulations, orders, and decisions

Common Law

Non-legislated principles and rules of action predicted upon usages
and customs which the court considers binding on the community

Case Law

court decisions that establish unprecedented principles

Building Code

laws, ordinances, and government regulations setting forth
requirements for construction, maintenance, operation, occupancy, use
or appearance of buildings

Constitution

the fundamental law that established the government, limits what
government can and cannot do, and states the underlying principles to
which the government will conform

Contract

an agreement between 2 or more competent persons which is enforceable
by law

Crime (Criminal Acts)

An action in violation of constitution, statutes, or ordinances

Ethics

a set of moral principles or values governing individuals or groups
Conforming to accepted professional standards of conduct

Environmental Protection Agency

a governmental agency with environmental protect on regulatory and
enforcement authority

Law

those rules of conduct commanding what is right and prohibiting what
is wrong

Moral Turpitude

An act showing inherent baseness or vileness of principle or action;
shameful wickedness; depravity

Mortuary Law

branch of law which relates to matters concerned with the disposal of
the dead

Ordinance

a law passed by a local municipal governing body

Zoning Law

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

Precedent

a decision of a higher court which is thereafter followed as an
example of other courts

Pre-emption

the right of the federal government to supersede a state or local
government if the 2 governments disagree on an issue

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

Rules and Regulations

enactments by an administration body governing the jurisdiction of
that agency

Statute

a law enacted by a federal or state legislative body

Statutory Law

law created by legislative bodies in contrast to law generated by
judicial opinions (case law) and administrative bodies

Administrative Agency

a governmental body created by legislation empowered to regulate and
issue rules and regulations

Uniform Anatomical Gift Act (UAGA)

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 gives the
right to another

Constructive Custody

situation whereby one party has a right to acquire actual
custody/possession of the dead body although another party has actual
physical possession

Crematory

the location of the retort/cremation chamber which will perform the
cremation process

Death

the cessation of life; permanent cessation of all vital functions and signs

Durable Power of Attorney

A situation in which one person appoints an agent;
agent status which will become or remain effective in the event the
original part should later become incapacitated;
appointment of an agency that survives incapacity of the principle

Entombment

The placing of human remains into a crypt in a mausoleum

Ethical/Ethics

a set of moral principles or values governing individuals or groups;
conforming to accepted professional standards of conduct

Final Disposition

the conclusive performance of services with respect to the dead human
body by one of the legally recognized methods

Uniform Determination of Death Act (UDDA)

a model law intended to achieve uniformity in probate proceedings
throughout the US

Springing Power of Attorney

a written instrument authorizing one person to act as an agent for
another effective only upon a certain even occurring

Body Parts

in the UAGA part is defined as organs, tissues, eyes, bones,
arteries, blood, other fluids, and other portions of a human body for transplantation

Actual Custody

The physical possession of the dead human body or other property

Justice of the Peace

a public officer whose duties may include among other things the
investigation of death

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

Morgue

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

Paramount Right

the highest right among other lesser rights

Degree of Kinship/ Kindred

relationship to decedent of his relatives; each generation is one
degree counting to a common ancestor

Corpse

the body of a dead human being/body; deprived of life, but not yet
entirely disfigured

Burial

AKA interment or inhumation
The act of placing the dead human body in the ground

Clinical Death/Legal Death

phase of somatic death lasting from 5 to 6 minutes during which life
may be restored

Cadaver

a dead human body intended solely for scientific study and dissection

Cremation

the reduction of a dead human body to inorganic bone fragments by
intense heat in a specifically designed retort chamber

Cremated Remains

the final product remaining after completion of the entire
cremation/pulverization process

Kin

one's relatives collectively; referring to blood relationship
*legally, the surviving spouse is not a kin

Personal Representative

person who represents and settles the estate of deceased people

Householder

one who owns or controls real estate where a death occurs

Guardian

a judicial appointment of a person to administer the affairs of
another person who is incompetent by virtue of age or legal disability

Estrangement

the physical and/or emotional separation for a period of time showing
the lac of affection, trust, and regard

Dead Human Body

Corpse; the body of a dead human being, depraved of life, but not yet
entirely disintegrated

Common-law Marriage

a union of 2 people not formalized in the customary manner as
prescribed by law but created by an agreement to marry followed by cohabitation

Cohabitation

a living arrangement in which an unmarried couple lives together in a
long-term relationship thta resembles a marriage

Brain Death

total and irreversible cessation of brain function as indicated by a
flat EEG reading

Aftercare

those appropriate and helpful acts of counseling, personal and/or
written contact that come after the funeral

Agent

a person appointed to contract on behalf of another

Agent Drivers

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

Apprentice/Intern

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

Common Carrier

any carrier required by law to convey passengers or freight without
refusal if the approved fare or charge is paid

Damages

money claimed by, or ordered to be paid to, a person as compensation
for loss or injury

Exigent Circumstances

Situation requiring immediate action or urgency; when exigent
circumstances exist the funeral provider might embalm without permission

Fitness for a Particular Purpose

this implied warranty states that the product which is brought will
function in the specific way for which it was purchased

Funeral Director

person properly licensed, engaged in, or conduction, or holding
himself as being engaged in:
1) preparing, other than 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 Price List (GPL)

a printed or typewritten list of goods and services offered for sale
by a funeral provider with retail prices
GPL considered the keystone of Funeral Rule

Liability

responsibility for actions and/or/ other debts;
the quality or state of being legally obligated or accountable

Livery

automotive equipment made available for hire

Malpractice

improper or negligent professional act by a professional person

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

Merchantability

this implied warranty states that the product which is brought will
function in the ordinary way that the average consumer would expect it
to function

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 case; 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 responsible person who would)

Outrageous Act

an act with complete disregard for proper conduct which transcends
the bounds of common decency

Person

an individual, partnership, corporation, association, government, or
governmental subdivision or agency, or other entity

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

Private (contract) carrier

those who transport only in particular instances and only for those
they chose to contact with;
funeral home vehicles and livery

Reciprocity

the relationship existing between 2 states whereby each extends
privileges of licensure to licensees of the other state

Statement of Goods and Services Selected

an itemized written statement provided for retention to each person
who arranges a funeral or other disposition;
it must include the goods and services selected, prices paid for
each, itemization of cash advance items, and the total cost

Cemetery

an area of ground set aside and dedicated for the final disposition
of dead human bodies

Covenants not to compete

a provision in a contract for sale of a business in which the seller
agrees not to compete in the same business for a period of years or in
the geographic area

Disinterment

Exhumation;
removal of human remains from previous location of final disposition

Exhumation

removal of human remains from previous location of final disposition

National Cemetery

a cemetery created and maintained under an Act of Congress for burial
of veterans of military services and their eligible family members

Preparation Room

portion or location in a funeral establishment especially designed
and equipped for embalming and otherwise prepare

Restrictive Covenants

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

Beneficiary

one who received property under a legal instrument, such as a will or
insurance policy

Revocation

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

Consanguinity

blood relations of people;
the term determines who is the closest next of kin to a deceased person

Quasi-Property Theory

the accepted theory of the legal status of a dead human body;
rights associated with the body and as if it were property for the
purpose of disposition only

Property Theory

the belief that the dead human body is the personal property of the
next of kin and therefore, the next of kin could sell the body if desired
*this has never been held as a valid property law

Quasi Contract

a fictional contract created or implied by a court for a person who
is unable to contract for himself; obligation which law creates in the
absence of agreement; invoked by courts where there is unjust
enrichment; function is to raise obligation in law where in fact the
parties made no promises

Custodian

status associated with funeral service practitioner/funeral
establishment who becomes legal protector of a dean human body from
time of removal until final disposition

Coroner

a public officer whose duty 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 the Peace;
a public officer whose duty it is to investigate a questionable or
unattended death

General Power of Attorney

a written instrument authorizing one person to do anything for the principal

Expressed/Explicit Contract

a contract in which the parties express their intentions, either
orally or in writing, at the time of the agreement

Implied Contract

a contract in which the terms of the contract are implied by acts or
conduct of the parties

Non-Property Theory

this belief holds that death is a spiritual matter, as such, the
church is the only entity entitled to possession of the dead human body
*no longer practiced

Idemnification

the promise of one person to protect another person from a lawsuit

Bailment

a delivery of personal property by one person (bailor) to another
(bailee) who holds the property for a certain purpose under an express
or implied-in-fact contract

Bailee

a person who receives personal property from another as a bailment

Bailor

a person who delivers personal property to another as a bailment

Due Dilligence

the attention reasonably expected from, and ordinarily exercised by a
person who seeks to satisfy a legal requirement or to discharge an obligation

Lien

a claim or charge against property for payment of some debt

Punitive Damages

payment imposed by a court upon an individual or entity to punish the
individual (entity) for wrongdoing or gross negligence

Nominal Damages

payment imposed by a court upon an individual or entity to make the
statement that the person did commit a tort of some kind, but the tort
had no significant loss to the harmed person

Compensatory Damages

payment imposed by a court upon an individual or entity to be paid to
a harmed person to compensate for the loss the person suffered

Replevin

an action to recover possession of wrongfully held personal property

Tort

a private or civil wrong, other than breach of contract, for which
there may be action for damages

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

Nuisance

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

Nuisance in fact AKA Nuisance per accidents

acts, occupations, or structures which are not nuisances per se, but
may become nuisances by circumstances of the location or manner in
which it is operated

Nuisance per se

acts, occupations, or structures which are nuisances at all times and
under all circumstances;
may be prejudicial to public morals, dangerous to life, or injurious
to public rights

Pre-Need Funeral Contract

any funeral arrangements planned in advance of need whether or not
they include pre-payment;
generally divided into pre-arranged and pre-funded

Pre-Funded Funeral Contract

funeral arrangements made in advance of need that include provisions
for funding or prepayment

Pre-Arranged Funeral Contract

funeral arrangements made in advance of need that do not include
provisions for funding or prepayment

Pre-Planned Funeral Contract

funeral arrangements made in advance of need that include provisions
for funding or prepayment

Irrevocable Contract

an agreement for future funeral services which cannot be terminated
or cancelled prior to the death of the beneficiary

Revocable Contract

agreement which may be terminated by the purchaser at any time prior
to the death of the beneficiary with a refund of the monies paid on
the contract as prescribed by state law

Guaranteed Contract

an agreement whereby the FH promises that the services and
merchandise will be provided ad the time of need (in the future) for a
sum not exceeding the original amount of the aforementioned contract
plus any accruals, regardless of current prices associated with
providing the services and merchandise at the time of the funeral

Non-Guaranteed Contract

an agreement in with the FH promises to apply the amount of pre-paid
money plus any accruals to the balance due, though the price of the
funeral service will by based upon the current price at the time of death

Trustee

one who holds title to property or another position of trust to a beneficiary;
in funeral arrangements, the person who has right to control funeral
does so on behalf of all survivors

Creator

a person who enters into a contract with another entity

Trust Account

account established by 1 individual to be held for the benefit of
another (as method of payment for funeral expenses); creates a
fiduciary responsibility;
money paid to a funeral home for future services is placed in an
account with the funeral home as trustee for the benefit of another

Severally Liable

each person signing a contract is responsible for the entire contract;
if there are 4 persons signing, 1 person may be required to pay the
entire bill if the 3 other people decide not to pay

Consumer Credit

credit created by either imposing a finance charge in a transaction
with a natural person OR entering into a written agreement with a
natural person that calls for payments by more than 4 installments

Jointly Liable

Each person signing a contract is responsible for his/her share;
they each owe a portion of the contract;
if 4 people are signing, each person owes 1/4 of the bill due

Master Trust

an entity created to hold assets for the benefit of numerous/multiple
persons or entities often utilized by multiple funeral homes to gain a
higher rate of return