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