Transcript
Chapter 26 Personal Representative of the Estate
1. Executor or executrix.
2. Administrator or administratrix.
3. Administrator de bonis non.
4. Administrator cum testamento annexo.
5. Administrator de bonis non cum testamento annexo.
6. A special administrator is appointed to handle affairs that are urgent and in need of immediate attention.
7. A public administrator administers the estate of a person who dies intestate and no relative, heir, or other person appears who is entitled to act as administrator.
8. If a decedent dies domiciled in New York owning real property in Connecticut, an ancillary administrator will have to be appointed in Connecticut to settle the Connecticut real property.
9. An administrator pendente lite is a temporary administrator appointed by the court to protect estate assets when there is a will contest. An administrator ad litem is appointed by the court to supply a necessary party to a suit in which the estate has an interest, as when the estate is a party to a lawsuit.
10. An executor de son tort is a wrongdoer. The person is acting without authority and is butting in where he or she does not belong.
Understanding Legal Concepts
1. T 6. T
2. F, Superior Court 7. T
3. F, administrator 8. F, voluntary
4. F, executrix 9. T
5. T 10. F, ancillary
Checking Terminology
1. m 6. c, i 11. b 16. u
2. j 7. n 12. aa 17. k
3. d, f 8. h 13. a 18. r
4. z 9. p 14. e, g 19. l, q, s, t, y
5. o 10. w 15. v 20. x
Using Legal Language
In his will, Kevin named Katherine to be the person who would settle his estate when he died. She was called a(n) executrix, which is the name given to a female personal representative of an estate. In her will, Katherine named Kevin to be the executor. Kevin was killed in an automobile accident. His huge vegetable garden, from which he made a living, was just about to be harvested when Kevin died and needed immediate attention; thus, the court appointed a(n) special administrator to take care of the garden at once. Because he was domiciled in Georgia when he died, Katherine was given her fiduciary appointment by the Court of Ordinary, which is called the Surrogate's Court in New York, the Orphan's Court in Pennsylvania, the Prerogative Court in New Jersey, and the Probate and Family Court in Massachusetts. Six months later, while giving birth to a child, Katherine died. Because she had not completed the settlement of Kevin's estate, her brother-in-law, Keith, was appointed administrator de bonis non cum testamento annexo to finish the job. Keith was also appointed the fiduciary to settle Katherine’s estate. In that position, he was known as a(n) administrator cum testamento annexo because the person Katherine had named to complete the task had predeceased her. Katherine's newborn child, Kelly, who had inherited a sizable estate from her mother, lived only for six days and then died. Because she died without a will, Katherine's sister, Karen was appointed administratrix by the court to settle Kelly's estate. Had Karen been a man instead of a woman, should would have been called a(n) administrator. Before completing her task, Karen became mentally ill and could not complete the job. Her friend, Kaleb, was appointed a(n) administrator de bonis non by the court to finish the task. No need existed to appoint a(n) public administrator because relatives could settle all of the estates involved here. A(n) ancillary administrator was not needed, because no out-of-state property was involved. None of these estates were small; therefore, none met the requirements for the appointment of a(n) voluntary administrator.
Puzzling Over What You Have Learned
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Caveat: Do not allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.
Across
The name given to the court that exercises the function of settling decedent's estates.
A man nominated in a will to carry out the terms of the will.
A woman appointed by the court to administer the estate of an intestate decedent.
A person appointed by the court to administer a testate estate in which no executor is nominated or in which the executor has died or for some reason does not settle the estate.
The name given to the court that exercises the function of settling decedent’s estates.
An official who administers the estate of a person who dies intestate when no relative, heir, or other person appears who is entitled to act as administrator.
Down
A person who performs the duties of an executor without authority to do so.
A person appointed by the court to administer a testate estate in which no executor is nominated or in which the executor has died or for some reason does not settle the estate.
A person appointed by the court to handle the affairs of an estate for a limited time only to take care of urgent affairs.
A person appointed by the court to complete the settlement of an estate in which a previously appointed administrator has died.
The name given to the court that exercises the function of settling decedent’s estates.
A male appointed by the court to administer the estate of an intestate decedent.
A woman nominated in a will to carry out the terms of the will.
