Legal Terms & Snippets

Browse our collection of legal terms and helpful snippets to better understand legal concepts

Estate
Legal Definition

The assets of a deceased asset owner.

Charitable Remainder Trust
Legal Definition

A tax-exempt trust designed to reduce taxes by first providing income to beneficiaries, then donating the remainder to charity.

Liability
Legal Definition

A sum of money, assets, or debentures owed to a third party. Liabilities are recorded on the right side of the balance sheet.

Personal Property
Legal Definition

Property that is not money or land/house.

Asset
Legal Definition

Property that has economic value owned by a person, business, or country.

Real Property
Legal Definition

Land, anything that grows, is attached, or erected on the real estate.

Separate Property
Legal Definition

Property owned by one spouse only.

Community Property
Legal Definition

Property owned jointly by two spouses in community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin).

Heirs at Law
Legal Definition

The persons that will inherit from you according to state intestacy law.

Intestate
Legal Definition

To die without a will.

Real Estate
Legal Definition

An actual parcel of land, i.e., dirt.

Per Stirpes
Legal Definition

Along the lines, meaning children of a person inherit their share of property if they predecease you.

Beneficiaries
Legal Definition

A person who benefits from a trust or other property.

Living Trust
Legal Definition

A trust created by you during your lifetime, also known as Inter Vivos Trust.

Testamentary Trust
Legal Definition

A trust created by your will.

Guardian
Legal Definition

A person responsible for making decisions for another person, which decisions cannot be overridden by the principal.

Probate
Legal Definition

The court process for admitting a Will and appointing a Personal Representative to do what the Will directs.

Trustor
Legal Definition

A person who creates a Trust.

Health Care Directive
Legal Definition

The document that tells your family and doctors what your wishes are at the end of your life if you can no longer speak for yourself.

Special Needs Trust
Legal Definition

A trust created for the benefit of a person who is disabled or has other special needs.

Personal Representative
Legal Definition

The person appointed by the court to administer a deceased person's estate.

Executor/Executrix
Legal Definition

A person appointed by a testator to carry out the directions in their will.

Testate
Legal Definition

To die with a will.

Letters of Administration
Legal Definition

Court documents appointing someone to administer the estate of a person who died without a will.

Fiduciary
Legal Definition

A person who acts on behalf of another person and has a legal duty to act in their best interest.

Estate Tax
Legal Definition

A tax on the transfer of property after death, based on the total value of the deceased's assets.

Disclaimer
Legal Definition

A written declination of a testamentary gift, allowing the inheritance to pass to the next beneficiary.

Creditor Claim
Legal Definition

A formal request filed with the probate court by someone to whom the deceased owed money.

Non-Intervention Powers
Legal Definition

Legal authority allowing a personal representative to administer an estate with minimal court supervision.

Spousal Protection Trust
Legal Definition

A trust created after one spouse's death to protect assets for the surviving spouse while preserving eligibility for government benefits.

Transfer Penalty
Legal Definition

A period of Medicaid ineligibility triggered by transferring assets for less than fair market value.

Pet Trust
Legal Definition

A legal arrangement that provides for the care and maintenance of companion animals in the event of the owner's disability or death.

Community Property Agreement
Legal Definition

A contract between spouses that determines the character of property as separate or community.

Payable on Death (POD)
Legal Definition

A bank account designation that allows the named beneficiary to receive the funds upon the owner's death without probate.

Transferable on Death (TOD)
Legal Definition

A designation for securities accounts that transfers ownership to named beneficiaries upon death without probate.

Credit Shelter Trust
Legal Definition

A trust designed to maximize estate tax exemptions for married couples, also known as a Bypass Trust.

Bypass Trust
Legal Definition

Another name for a Credit Shelter Trust, designed to bypass estate taxation on the second spouse's death.

QTIP Trust
Legal Definition

A Qualified Terminable Interest Property trust that provides income to a surviving spouse while preserving the principal for other beneficiaries.

Non-Marital Trust
Legal Definition

A trust created for beneficiaries other than a spouse.

Marital Trust
Legal Definition

A trust created specifically for the benefit of a surviving spouse.

Support Trust
Legal Definition

A trust that provides for the support and maintenance of a beneficiary.

Remainder Beneficiary
Legal Definition

A person who receives trust assets after the death of the primary beneficiary.

Medallion Guarantee
Legal Definition

A special signature guarantee for transferring securities, more secure than a notarization.

Advancement
Legal Definition

A gift made during the donor's lifetime that is intended to be part of the recipient's inheritance.

Constructive Notice
Legal Definition

Legal notice presumed by law to have been given even though actual notice was not personally delivered.

Spendthrift Provision
Legal Definition

A clause in a trust that prevents beneficiaries from transferring their interest and protects assets from creditors.

Offshore Trust
Legal Definition

A trust established in a foreign jurisdiction to protect assets from domestic creditors.

Letters Testamentary
Legal Definition

Legal documents issued by a probate court that grant authority to an executor to administer a deceased person's estate.

Domestic Asset Protection Trust
Legal Definition

A self-settled trust in certain U.S. states that can protect assets from the creator's creditors.

Charitable Lead Trust
Legal Definition

A trust that provides income to charity for a specified period, then transfers the remainder to non-charitable beneficiaries.