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Dictionary of Law |
claim against an estate :: legal definitionClaim against an estate - n. upon the death of a person and beginning of probate (filing of will, etc.), a person believing he/she is owed money should file a written claim (statement) promptly with the executor or administrator of the estate, who will then approve it, in whole or in part, or deny the claim. If the claim is not approved the claimant can demand a hearing to have the court determine his/her rights. The period for filing a claim begins upon publication of a death notice or a date specified by state law and continues for a few months (four in California, for example). If there is no probate the claim should be made to the heirs. See also: probate and Related Law Terms ↓ Related Law Termsad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litemadministrator :: n. the person appointed by the court to handle the ... e also: administer executor probate advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax corporation :: n. an organization formed with state governmental ... ation public corporation securities creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege process :: n. in law, the legal means by which a person is re ... service of process subpena summons real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence service of process :: n. the delivery of copies of legal documents such ... by publication substituted service special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor will :: n. a written document which leaves the estate of t ... will and testament probate testator wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - CC.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial. call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned. calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again. cancellation :: cancel ... cancel caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note. capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will. capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital investment :: capital expenditure ... capital expenditure capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets. |