GLOSSARY OF ESTATE PLANNING TERMS
Administrator - If an individual does not write a Will, the
courts will appoint an Administrator to handle the deceased person's estate according to
the laws of the state.
Advocate - An advocate is a person or institution who will serve
as a friend and look out for the best interests of the person with a disability. The
advocate is not court appointed.
Beneficiary - The person or institution who
receives the benefit of the Will, Trust, Life Insurance Policy, etc...
Codicil - an amendment to the Will, the Codicil is a separate document
that is signed and witnessed like the Will, but amends some portions of the Will.
Conservator/Guardian - A person or institution appointed by the court
(a) to manage the estate of the person judged incapable of caring for his/her own affairs;
(b) to be responsible for the care and decisions made on behalf of the person when that
individual is determined to be unable to care for himself/herself. A
Conservator/Guardian can be appointed to serve for either or both purposes. In some
states, a Guardian assists the person and a Conservator assists the estate of the person.
Estate - All of the person's possessions including all properties and
debts remaining at the time of death.
Executor/Personal Representative - the individuals or corporations
appointed in the Will who will have the legal responsibility for carrying out the
provisions of the Will. The executor may seek the assistance of an attorney to
complete the probate process.
Heir - The person who inherits the property.
Income Beneficiary - Generally, the person in the trust agreement who
will receive the income from the trust during his or her lifetime.
Intervivos Trust - Sometimes called a "Living Trust", a
trust that is created during the lifetime of the Grantor.
Irrevocable Trust - This is a trust that cannot be amended or revoked.
Letter or Document of Intent - This is not a legal document.
In this very personal document, parents or current caregivers express their hopes
and desires for their disabled child's future care.
Limited or Partial Conservatorship/Guardianship - This type of
Conservatorship/Guardianship generally applies to the developmentally disabled and
restricts the area in which the Conservator/Guardian may act on the behalf of the
individual.
Minor - Any person under the age of majority, which is 18 in many
states.
Probate - The court proceedings in which there is supervision over the
property passing from a deceased person to beneficiaries under the provisions of the Will
or, if there is no Will, under the provisions of state law.
Remainderman - the persons or institutions who will receive the
remainder (what is left over) of the trust after the income beneficiary has died and the
trust ends.
Revocable Trust - A revocable trust means that the items placed in the
trust can be amended or revoked.
Special Needs Trust - Also known as a Spendthrift, Luxury,
Discretionary or Supplementary Trust. It is designed to provide for
the supplementary needs of the person with a disability over and above that provided by
the government.
Successor Trustee - This person(s) takes over the responsibility of
managing the trust after the death or legal incompetence of the initial trustee(s).
Testamentary Trust - A trust established by a Will.
Trust - A legal entity established either by written agreement signed
during the life of the person or by a Will. The trust is governed by the terms in
the written document and contains property to be used for the benefit of those for whom
the trust was created.
Trust Corpus - The property (and funds) held in the trust. It is
also called the Trust Estate.
Trustee - This person(s) manages the trust. The grantor and
initial trustee may be the same person.
Trustor - Also known as the Grantor or Settlor.
This is the person who sets up the trust.
Will - A legal document by which an individual can direct the
distribution of his or her property at death. |