Chapter 12: The Legal Aspects of Dying

Medical Examiners

A pathologist that performs the autopsy. A medical doctor with about 12 years of schooling and interning.

Interstate

A person who dies without a will. When this happens the court will appoint an administrator.

Real Property

A person's land and what is attached to it is transferred by deed, will or inheritance.

Coroner

A public official whose duty it is to make inquiry of unexplained deaths or deaths from unnatural causes. This person assign a cause of death and signs the death certificate.

Probate

The legal process that takes place after someone dies. Usually used when the estate value is over a certain amount, which is determined by law in each state and if there is a will. The lower level person who dies without property ownership or many assests will not go through this process.

Executor

The person named in a will responsible for carrying out the wishes of the deceased.

Beneficiary

The person who will benefit from the will.

WHO

World Health Organization notes that death certificates are made out for only abor 25% of all deaths worldwide.

Inheritance Taxes

Taxes against the people who received the property. Only 6 states charge this tax.

Death Certificate

- To provide a permanent record - To collect insurance and other death benefits - To provide cause of death data - To provide mortality statistics

Autopsy

- To determine cause of death - Can be performed at hospital or corner's office - A complete one referes to head, thoracic and abdominal cavities. - Can provide information from medical reaserch. - Not as common as they were in the 1940's because we have more technology to determine diseases.

Will

A document that states who gets what of the decedent's property. - Must be 18 or older - Must be sound mind - Must be in writing - Must be signed by the testor/trix - Must be witnessed by two people - Must be dated

Living Will

A living will states that a person does not want medical intervention if the technology available to keep him or her alive will not offer an acceptable quality of life or provide hope for recovery.

Testator

A man making a will

Estate Taxes

Taxes taken directly from the estate before any assets are distributed. - At this time, the taxes are taxed when your estate is worth over 5 million. - 99.7% of estates do not pay these taxes.

AB Trust

A trust that allows married couples to reduce or avoid estate taxes. Each spouse puts his or her property in a trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust, most commonly the grown children of the couple, but with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust

Life Insurance

A type of insurance policy covering the insured for a fixed period of time. Premiums are usually lower for a greater amount of coverage than with other types of insurance.

Variable Life Insurance

A type of insurance policy that does not allow for the premium or minimum coverage on one's life to change but allows one to switch the savings from among money makers or various forms of stock.

Universal Life Insurance

A type of insurance policy that is flexible and allows one to raise or reduce premiums and the amount of coverage on one's life.

Whole Life Insurance

A type of insurance policy with which, for a set annual premium, one receives life insurance coverage and, at the same time, invests one's money.

Holographic Will

A will written in one's own handwriting; only legal in half the 50 states.

Testatrix

A woman making a will.

Durable Power of Attorney

Allows a person to designate another individual to handle their finances

Codicil

An addition or amendment to a will.

DNR

Do not Resuscitate order states that if you start to medically "crash" nothing will be done to save you.

Durable Power of Attorney for Health Care

This document allows a person to designate another individual to make medical decisions for them if they are not capable. It usually allows the person acting on behalf of the patient to: - use or withhold life support and other medical care - check the person in or out of a facility - make decisions not covered in a living will Generally, only takes effect when 2 doctors certify the patient is not capable of understanding or communicating decisions regarding their own health.

Escheat

When there are no heirs and the property goes to the state.