| 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
with the metal hand sealer three times (three golden seals
are placed on it if going out of the country) and the signature
of the Judge is required. This procedure can take up to 5
working days to complete. The cost is $0.50 per page for photocopies
and $3.00 for the Authentication. |
| 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. There is a 24-hour waiting period for completion. |
| 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. |
| 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 |
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. |
