administrator. A person who manages a probate estate or a trust, otherwise

known as a personal representative, executor, trustee, surrogate, or conservator.

annuity. Payment of a fixed sum on a regular basis. Typically an insurance policy providing for monthly payments to begin on a fixed date and continue until death or a fixed number of years.

beneficiary. One who receives a gift or is entitled to an inheritance or other benefits such as income from a probate or trust estate.

codicil. An amendment to a will that does not revoke the earlier will but usually makes minor additions or changes.

competency. Possessing the minimum legal capacity to perform an act such as making a will.

donee. One who receives a gift; one who is empowered to act in a power of attorney.

donor. One who voluntarily makes a gift either during their life or after death in a will or trust; one who gives the power to act in a power of attorney.

due execution. The signing of a will with the formalities required by law. In most states, the law requires a will to be signed in the presence of witnesses, who must sign evidencing their presence.

duress. Threats of unlawful activity to force a person to commit an act. A threat to do any lawful act, such as threatening to collect a lawful debt, is not considered unlawful duress.

elective share. The share of an estate that the decedent’s surviving spouse can demand if the spouse is disinherited or dissatisfied with the gift otherwise made to them. In Florida and other states, the elective share is typically 30 percent of the entire estate, including assets that are not part of the probate proceedings.

estate. The whole of a person’s property and wealth; the assets being administered in a probate proceeding, called the “probate estate;” the assets being administered under a trust, called a “trust estate.”

estate tax. The tax imposed by federal and state governments on a decedent’s estate.

family trust. A trust made by an individual or couple that is designed to manage assets during life and transfer the estate to beneficiaries within the family at death.

fiduciary. One who is trusted and relied upon by another person and who owes a duty of loyalty under the law to the other person. This includes administrators of probate estates and trusts, and guardians of persons and property among others.

fiduciary relationship. The connection between a fiduciary and the person who is owed the duty of loyalty from the fiduciary.

fraud. The use of deceit to obtain anything of value, or the use of deceit to cause a person to act.

generation skipping tax. An estate tax imposed on gifts or inheritances when the gift skips a generation. An example is an inheritance given to a grandchild rather than a child. This tax is in addition to ordinary estate tax. Currently, approximately $1,060,000 can be given before incurring the tax.

grantor. One who makes a trust, sometimes known as a “settlor,” or who conveys real or personal property to another, who is known as a “grantee.”

hijack an inheritance. To unlawfully divert an inheritance from an intended recipient to another by unlawful means.

health care surrogate. A person empowered to make health care decisions for another who is unable to make those decisions for him or herself.

homestead property. The real estate on which a person resides. In some states this has been extended to mobile homes, boats, and motor homes.

insurance trust. A trust created to own an insurance policy on the life of a person. At the death of the insured person, the insurance proceeds go the beneficiaries free of estate tax. This trust is used in larger estates to avoid estate taxation.

insane delusion. A form of incapacity resulting from the contention that a person has a diseased mind and has reached a conclusion that has no basis in fact.

intestate. To die without a will. In such cases, state law controls distribution of assets and appointment of an administrator of the estate.

letters of administration. The document issued by a probate court judge to the administrator giving them the power to act on behalf of the decedent of a probate estate.

life estate. The right in an individual to use an asset until their death, commonly used in real estate matters.

lineal descendant. A person of the same blood line who is born later, such as a child, grandchild, etc.

lineal ascendant. A person of the same blood line who is born earlier, such a father, grandfather, etc.

litigation. The commencement and maintenance of a lawsuit to settle legal issues in dispute.

living will. A written document stating an unwillingness to be artificially kept alive when death is eminent.

lucid moment. A short, temporary period where an otherwise incompetent person regains their legal mental capacity to sign a will.

maker. One who creates a will or trust, also known as testator (male) or testatrix (female), settlor, or grantor.

mistake in execution. The act of signing a document believing it to be a different document, thereby rendering the executed document void.

petition to the court. A document telling the court why you are entitled to the court’s assistance and what you want the court to do for you.

pour-over will. A will used in conjunction with a trust in estate planning to ensure all the assets of the maker of the trust are placed under the authority of the administrator of the trust. A pour-over will states that all assets of the maker that are not already under the jurisdiction of the trustee of the trust are transferred to the trustee.

power of attorney. A written document that gives the donee the power to do legally binding acts the donor of the power can do. The person who gives the power is the donor. The person receiving the power is the donee. The power may be broad, known as a general power, or restricted to a few acts, known as a limited power.

pre-need guardian. A person nominated in advance to act as a court appointed guardian if the need arises.

prenuptial agreement. A written agreement before marriage that controls the distribution of the couple’s assets in the event of divorce or death. This agreement can be made after the marriage ceremony as well.

presumption. A legal conclusion that is reached if certain facts are present, or a fact that is assumed to exist when circumstantial evidence is presented to the court.

private trust. A trust made by an individual that is designed to manage his or her personal estate during life and transfer the estate to beneficiaries at death

probate. The legal system that administers both testate and intestate estates. “To probate a will” means to ask the probate court to recognize the will. In both testate and intestate estates, the court grants legal authority to the administrator of the estate.

probate estate. An estate administered under the jurisdiction of the probate

court.

remainderman. One who succeeds to ownership at the end of a life estate.

tenancy by the entireties. Joint ownership between only a husband and wife.

tortious interference. Unlawfully interfering with the right of a person to inherit an asset, a cause of action aside from other probate- or trust-related causes of action.

undue influence. The use of deceit, threats, or other underhanded means that cause an impact upon a person, such that the person is under the control of the influencer and their acts are considered not to be of their own free will. The control need not be over all aspects of the person’s life. A will or trust procured by undue influence is void.

will. A written document that directs the distribution of the maker’s estate and appoints the administrator of the estate among other things. Wills can be revoked at any time and are of no legal significance until death.