Probate Chapter 10 Courts and Uniform Laws

Jurisdiction

(n.) an area of authority or control; the right to administer justice

Uniform Simultaneous Death Act

A uniform law adopted by most states providing that if the Primary Beneficiary and the insured die in the same accident and there is no proof that the beneficiary outlived the insured, the proceeds are paid as if the Primary Beneficiary died first, which means that the proceeds are paid to the Contingent Beneficiary. Also known as the Common Disaster provision.

Uniform Probate Code (UPC)

A uniform law available for adoption by the states to modernize and improve the efficiency of the administration of a decedent's estate.

Uniform Anatomical Gift Act

A uniform law that provides a simplified manner of making a testamentary donation of vital organs for medical research or transplant.

In personam jurisdiction

jurisdiction over the person

Uniform Transfers to Minors Act (UTMA)

Law adopted by all 50 states that is similar to the UNIFORM GIFTS TO MINORS ACT (UGMA). Provides for an inexpensive, easy mechanism for transferring property to minors. Property of any kind can be transferred to a custodian for the benefit of minor children. Irrevocable.

Supervised Administration

Process in which an estate is settled under the continuing surveillance of the court from beginning to end.

Rules that apply under the Uniform Simultaneous Death Act where two or more people die at the same time.

1. When title to property depends upon priority of death and there is insufficient evidence that the person died other than at the same time, the property of each person shall be disposed of as if she had survived. 2. When two or more beneficiaries are designated to take successively or alternatively by survivorship under another person's will or trust, and they died at the same time, the property shall be divided into as many equal portions as there are successive or alternative beneficiaries and a share distributed to each. 3. When there is no evidence that joint tenants or tenants by the entirely died other than at the same time, half shall be distributed to each. Wen there are more than two joint tenants in the same situation, the property is distributed among them all equally. 4. When an insured and a beneficiary of a life insurance policy have died, and there is insufficient evidence that they died other than simultaneously, the proceeds are payable as if the insured had survived the beneficiary.

Probate court

A court that handles matters of wills and estates of a dead person. It sometimes handles the problems of minors and others who are not legally competent to manage their affairs. Some states designate this same court as the court of chancery, the surrogate court, or the orphan's court.

Uniform Laws

A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute.

in rem proceedings

Action directed against a property to enforce rights in a thing as opposed to one brought to enforce rights against another person. Purpose is to determine title to, or the extent of people's interests in, specific property located within a state court's jurisdiction.

Firewall, ethical wall, Chinese wall

An informational barrier implemented withina law firm to separate an employee from a particular matter concerning which they have a potential client conflict.

Probate jurisdiction

The authority of the court to process the handling the will and the estate of a dead person. A probate court handles these matters and sometimes handles the problems of minors and others who are not legally competent to manage their affairs.

Unsupervised Administration

administration in which the court does not get involved in every aspect of the process, unless someone with an interest in the estate asks.