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Monthly Planning Tips

Demystifying the Language of Estate Planning

There has been a movement in recent years toward “plain language” in legal documents, but that push has not been entirely successful.  Here’s a brief look at some “lingering legalese” and what those words mean:

Term

What it Means

Bequest

A gift made in your will (strictly speaking, of personal property).

Devise

A bequest of real estate.

Pecuniary Bequest

A bequest of a dollar amount.

Specific Bequest A bequest of a unique asset (my wedding ring).
General Bequest

A bequest of a particular kind of property “100 shares of stock in XYZ Corporation.”  The executor could go out and purchase appropriate shares, if necessary.

Residuary Bequest A bequest of whatever remains in the estate after all other bequests have been satisfied.
Contingent Bequest

A provision that passes a bequest to an alternative beneficiary if the primary beneficiary has died.

Disclaimer

A wills clause that enables a beneficiary to refuse part or all of a bequest, with the result that the property passes to a designated beneficiary.

Per Stirpes

A distribution method that assigns a deceased child’s share of an estate to his or her descendants.

Intestate

Someone who dies without a will, with the result that some or all of the estate passes according to state laws of “descent and distribution.”

Codicil

An amendment to your will.



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Copyright © 2009 by R&R Newkirk. All rights reserved.


 




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