| Term |
Definition |
| Ab initio |
From the inception. An agreement
may be void ab initio. |
| Affidavit |
A written declaration made under
oath before a notary public. |
| Authentication |
The Court guarantees that the
document(s) are genuine and entitled to be accepted as authentic.
The Authenticated Form is sealed three times and the signature
of the Judge is required. The cost is $5.00. |
| Beneficiary |
The recipient of funds, property
or other benefits from a will or other settlement. |
| Bequeath |
To leave or give property to a
person by will. |
| Bequest |
A gift made through a will. |
| Biennial |
An occurrence every 2 years. |
| Certification |
The Court attests that the document(s)
are a true copy of what has been filed in the Court. The requested
Certified Form is sealed with the metal sealer once and signed
by a deputy clerk. |
| Citation to Elect |
If a surviving spouse is not entitled
to receive the entire estate of his/her deceased spouse, the
law requires that the surviving spouse be advised by the Court
of his/her right to elect to take against the Will. The citation
explains what rights the surviving spouse has if electing
against the Will. A summary of all rights of a surviving spouse
will also be provided with the citation. |
| Codicil |
An amendment to a will. The codicil
is a separate document, but is signed with the same formalities
as a will. The codicil can be changed or canceled at any time.
|
| Conservator |
A person or entity appointed by
the Court to manage the financial affairs of another. Conservators
are required to file an inventory of their ward's assets and
submit periodic reports to the Court. They may also be required
to obtain and post a surety bond. The process for appointment
of a conservator is similar to that for a guardian. |
| Contract |
A legally enforceable agreement
between two or more parties. |
| Devisee |
The beneficiary of real property. |
| Disinherit |
Exclusion from inheritance. |
| Due process |
Basic legal rights, mandated by
the United States Constitution and including the right to
notice of proceedings under legal standards which are neither
vague nor arbitrary, the right to be present at hearings,
the right to representation by counsel, the rights to present
evidence on one's behalf, the right to cross-examine witnesses,
and the right to trial by jury. |
| Escheat |
Legal term referring to property
passing to the state because there is no individual available
to inherit. |
| Estate |
All property, both real and personal,
that a person owns during life and/or at the time of his or
her death. |
| Et seq. |
And the following. |
| Executor/Executrix |
The fiduciary; a person or institution
who is appointed by the Court to carry out the wishes of the
testator. |
| Expenditures |
To put out; spend: expend funds
from a guardianship account. |
| Fiduciary |
The person or institution who
administers a trust, guardianship, or estate. |
| Guardian |
A person or institution who is
legally responsible for the person and/or property of another
person who cannot manage his affairs. |
| Guardian ad litem |
For suit. A guardian appointed
by the Court to represent an incompetent or minor for specific
litigation. |
| Heir |
A person who, by state law, is
entitled to inherit from an individual who dies without a
will. |
| Incompetency |
A legal term describing a person
who lacks the capacity to make his/her own decisions. When
a person has a guardian appointed, the person is often referred
to as incompetent. Incompetency also describes a legal disability
to perform a specific act or acts. |
| Indigent |
Poor; no money. |
| Intestate |
A person who dies without a legal
will. |
| Irrevocable Trust |
A trust whose terms and provisions
cannot be changed or revoked. |
| Legatee |
Someone to whom a legacy is bequeathed. |
| Notary Public |
An official authorized by the
state to certify and attest documents, administer oaths and
affirmations, acknowledge instruments, and take proof of execution. |
| Nunc Pro Tunc |
Filing relating back to a particular
date or occurrence. |
| Parens Patriae |
A term from English and American
common law tradition which means that the state, as parent,
exercises authority to intervene in the life of an adult for
his/her own good and protection when the adult is causing
or threatens to cause serious harm to his/herself by incompetent
actions or decisions. |
| Partial |
Not total; incomplete report:
partial account. |
| Per capita |
Denotes that method of dividing
an intestate 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. |
| Per stirpes |
By representation (i.e. a child
may take a deceased parent's share of an estate). |
| Power of Attorney |
A legal process by which an adult
grants another person the authority to manage his/her personal
and/or financial affairs. A general power of attorney becomes
invalid when the granting adult becomes incompetent. A "durable"
power of attorney survives the adult's incompetency or takes
effect upon the adult's incompetency. In Ohio, the durable
power of attorney may also be used to make health care decisions
on behalf of a person if the authority is specifically stated
in the document. |
| Pro bono |
Legal or other services done or
performed free of charge. |
| Pro se |
A person representing himself
or herself. |
| Probate |
Legal establishment of the validity
of a will; to examine, test, admit. |
| Probate Division Court |
The district court or the Probate
Court that determines the validity of a will and then ensures
that the will's instructions are carried out. In Ohio, the
probate division of the county common pleas court is responsible
for appointment of guardians and conservators. |
| Real Property |
An interest in land, or property
permanently affixed to land. |
| Residuary |
The remainder of an estate. |
| Residuary Beneficiary |
The person(s) receiving the remainder
of ones estate. |
| Revocable Trust |
A trust whose terms and provisions
can be changed under certain conditions as outlined in the
trust. |
| Sua Sponte |
An order made by a Court on its
own motion |
| Subpoena |
A legal writ requiring a person
to appear in court and give testimony. |
| Testamentary Trust |
A trust established through a
testator's will. |
| Testate |
Having made a will. |
| Testator |
Someone who has made a legally
valid will. |
| Trust |
A legal relationship created by
one person, called the "settlor", in which another
individual, the "trustee", holds and manages property
for the benefit of a third person, the "beneficiary." |
| Trust Corpus |
The property held in a trust,
including both principal and income. |
| Trustee |
A person or institution who is
legally responsible to administer property for the benefit
or to the use of another. |
| Trustor |
The person, or persons, who establish
a trust. |
| Ward |
A person for whom a guardian has
been appointed. |
| Will |
A legal document providing instructions
for distribution of an estate upon death. |
