wills

appointive assets

Appointive assets refer to the property, both real property and chattel, subject to a power of appointment. Once the power of appointment is exercised, ownership of the appointive assets will transfer to the appointees.

For...

ascertained

“Ascertained” means something is found out with certainty, it is used after the “ascertain” is finished. “Ascertain” means to make certain; to establish with certainty, by the finding and judgment or decree of the court.

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attest

Attest means to testify or confirm that something is true, genuine, or authentic. Some common usages of the term “attest” in a legal sense include:

In the context of evidence law, cases such as this one from Ohio, explain...

attestation

Attestation is a kind of testimony or confirmation. It is customary to sign a deed, make a will or sign other written documents in the presence of a witness who also signs the document to attest to its contents and the authenticity of the...

attestation clause

An attestation clause is a provision at the end of an instrument, especially a will, that is signed by witnesses and recites the formalities required to make the instrument effective. A formal attestation clause itself can serve as prima...

augmented estate

The augmented estate is the value of a decedent’s estate used when the surviving spouse chooses to take an elective share, rather than what was left by will. The Uniform Probate Code calculates the augmented estate as all real and personal...

autopsy rights

Autopsy rights are those given to the deceased and the next of kin to determine whether and to what extent autopsies should be performed. Typically, the individual (prior to death) and next of kin get to decide whether an autopsy is performed...

beneficiary

A beneficiary is an individual who receives benefits from a transaction via a contract (such as an insurance policy), a will, or trust.

Wills and Trusts:

A beneficiary is an individual named in a will, revocable trust, or...

bequeath

To bequeath is to give personal property via a will, where the personal property owned by the decedent at the time of death is disposed of as a gift. Traditionally, bequeathing has been used to give personal property, while devising has been...

bequest

Bequest is a gift of personal property made through a will. Traditionally, bequests have been used for the giving of personal property, while devises have been used for the giving of real property. However, bequests can also refer to real...

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