Category Archives: Terminology

A type of written contract between two people who are about to marry, setting out the rights of each party in the event of divorce or the death of either party. These are especially important for couples with children from a previous marriage or if one or both spouses are entering the marriage with significant wealth or assets. These are also known as antenuptial agreements, prenups, and premarital agreements.

A will of a person who has already executed a trust in which all property is designated to be distributed or managed upon the death of the person whose possessions are in trust, leaving all property to the trust. A pour over will is a protection which is intended to guarantee that any assets which somehow were not included in the trust become assets of the trust upon the party’s death. A pour over will often provides that if the trust is invalid in whole or in part, the distribution under the will must be made under the same terms as stated in the invalid trust.

Consists of techniques and tools that can help save taxes and other expenses where the inter vivos planning was inadequate.

The Missouri term for an executor or executrix.

A method of describing who is to receive a distribution of property in either a will or trust where the intended recipient(s) are described as a class.

Type of non-probate transfer usually used for bank accounts and other financial investments.

The transferring of property directly to the beneficiary at death without going the necessity of a probate court administration.

A legal document in which you state your wishes about the types of medical care you desire if you are unable to speak for yourself. This document may go by many other names, including health care directive, advance care directive or health care declaration.

Trust agreement whose provisions are in effect during the lifetime of the person who established the trust. Also called an “inter vivos trust.”

A life estate is a concept used in common law and statutory law to designate the ownership of land for the duration of a person’s life. The right to use or occupy real property for one’s life. An estate in real property that ends at death.