Emmett Messenger Index’s recent article titled “13 Estate Planning Terms You Need to Know” provides some important terms to understand as you consider your own estate plan.
Assets: This is anything a person owns. It can include homes and other real estate, bank accounts, life insurance, investments, furniture, jewelry, collectibles, art, and clothing.
Beneficiary: This is an individual or entity (like a charity) that gets a beneficial interest in an asset, such as an estate, trust, account, or insurance policy.
Distribution: A payment in cash or asset(s) to the beneficiary who’s designated to receive it.
Estate: All of the assets and debts left by a person at death.
Fiduciary: An individual with a legal obligation or duty to act primarily for another person’s benefit, such as a trustee or agent under a power of attorney.
Funding: The process of transferring or retitling assets to a trust. Note that a living trust will only avoid probate at the trustmaker’s death if it’s fully funded. A trustmaker also may be known as a grantor, settlor, or trustor.
Incapacitated or Incompetent: The situation when a person is unable to manage their own affairs, either temporarily or permanently, and often involves a lack of mental capacity.
Inheritance: These are assets received from someone who has died.
Probate: This is the orderly court-supervised process of distributing the assets of a person who has died.
Trust: This is a fiduciary relationship where a trustmaker gives a trustee the right to hold property or assets for the benefit of another party, known as the beneficiary. The trust is a written agreement that directs how a person’s assets will be distributed to their beneficiaries.
Will: A written document with directions for disposing of a person’s assets after their death. A will is enforced by a probate court. A will can provide for the nomination of a guardian for minor children.
Reference: Emmett Messenger Index (Oct. 28, 2020) “13 Estate Planning Terms You Need to Know”