Wills & Estates

Glossary

Glossary

The following list of definitions will assist you with the legal language

Questions & Answers

Why have a will?

What considerations should be given to drafting a will?

Can a spouse elect against a will in this state?

A surviving spouse can elect to take one-half of the entire estate if the decedent left no descendants surviving. If the decedent left descendants surviving, then the surviving spouse may elect to take one-third of the estate. (Section 755-5/2-8) Please see specific state for details and/or differences.

How is a will revoked in this state?

Executing a new will revokes any prior wills either by expressly stating or by inconsistent provisions. The testator can revoke a will by destroying, canceling or obliterating it with the intent of revoking it. Another person can revoke the testator's will in the same manner in the testator's presence and at his or her direction. A testator can also execute a separate signed document that declares the will is revoked and is signed and attested to in the same manner as a will. (Section 755...

What is an estate?

What is probate?

What is intestate succession?

Each state provides an estate plan for a person who does not have a Will. These are referred to as state intestacy statutes. These statutes set forth who inherits from an intestate estate, based on their relationship to the decedent. Generally, if a person knew how his or her property would be distributed under these statutes, most would choose to have a Will and be able to have the property distributed according to their wishes. In the explanation that follows, the terms "issue" or "descend...

What is a testator?

A testator means someone who makes or has made a Will, or one who dies leaving a Will. Black's Law Dictionary 1323 (5th ed. 1979) Please see specific state for details and/or differences.

What is an executor?

What is a holographic will?

A Holographic Will is a Will written entirely by the testator in his or her own handwriting and is not witnessed. Black's Law Dictionary 659 (5th ed. 1979). Please see specific state for details and/or differences.

What is a codicil?

What are estate taxes?

Are there state inheritance or estate taxes?

Please see specific state for details and/or differences.

What is a marital deduction?

What is a conservatorship?

What is a guardianship?

What is a power of attorney?

What is a living will?

What are exempt assets?

What is estate planning?

What is an irrevocable trust?

What is community property?

What is an administrator?

Please see specific state for details and/or differences.

Sample Legal Forms

Probate Checklist

General Power of Attorney for Business Affairs

Last Will and Testament : Simple Will

Last Will and Testament 1: Standard Will

Last Will and Testament 2: Single Trust Will

Last Will and Testament 3: Two (Double) Trust Will