Glossary- Acknowledgment of Service
- Administrator
- Advancement
- Alternative Dispute Resolution
- Annual Meeting
- Annuity
- Answer
- Arbitration
- Articles of Incorporation
- Assets
- Assignment
- Assignment of Wages
- Authorized Shares
- Beneficiary
- Bequeath
- Bequest
- Business Entity
- Bylaws
- C Corporation
- Certificate of Authority
- Certificate of Incorporation
- Charitable Corporation
- Charter
- Close Corporation
- Co-Petitioner
- Codicil
- Collective Mark
- Common Stock
- Community Debts
- Community Property
- Complaint
- Consent Agreement
- Copyright
- Copyright Infringement
- Corporation
- Corpus
- Covenant Marriage
- Custodial Parent
- Custodian
- DBA
- Decedent
- Decree
- Default
- Defendant
- Descendant
- Devise
- Devisee
- Directors
- Disclosure
- Discovery
- Dissolution
- Dividend
- Docket
- Domestic Corporation
- Durable Power of Attorney
- EIN
- Employer Identification Number
- Entity
- Equitable Distribution
- Estate
- Estate Tax
- Executor
- Fault Divorce
- Fiscal Year
- Foreign Corporation
- Foreign National
- Grantor
- Grounds
- Guardian
- Guardian ad-Litem
- Health Care Directive
- Health Care Power of Attorney
- Health Care Proxy
- Heir
- Holographic Will
- Immigrant Visa
- Incorporator
- Inheritance Tax
- Infringement
- Intellectual Property
- Inter Vivos Trust
- Interment
- Intestate
- Intestate Succession
- Irrevocable Living Trust
- Joint and Survivor Annuity
- Joint Life Annuity
- Joint Tenancy with Right of Survivorship
- Judgment
- Lease
- Legal Custody
- Legal Grounds
- Legal Separation
- Legatee
- Lessee
- Lessor
- Limited Liability Company
- Limited Liability Partnership
- Limited Partnership
- Living Trust
- Living Will
- LLC
- Manager
- Mandatory Wage Assignment
- Marital Property
- Mediator
- Minutes
- Month-to-Month
- Motion
- National
- Naturalization
- Nisi
- No-fault
- Non-Custodial Parent
- Non-Immigrant Visa
- Non-Profit Corporation
- Nuncupative Will
- Officer
- Operating Agreement
- Order of Assignment
- Order to Show Cause
- Par Value
- Parent Corporation
- Parenting Plan
- Partner Support
- Partnership
- Party
- Patent
- Per Capita Distribution
- Per Stirpes
- Periodic Tenancy
- Petition
- Petitioner
- Physical Custody
- Plaintiff
- Post Nuptial Agreement
- Power of Attorney
- Preferred Stock
- Premarital Agreement
- Prenuptial Agreement
- Pro Per
- Pro Se
- Probate
- Process Server
- Professional Corporation
- Professional Limited Liability Company
- Proxy
- Public Corporation
- QDRO
- Qualified Domestic Relations Order
- Quorum
- Real Property
- Registered Agent
- Registered Office
- Residency
- Resident Witness
- Residuary
- Respondent
- Response
- Revocable Living Trust
- S Corporation
- Self-Proving Affidavit
- Separate Debt
- Separate Property
- Separation
- Service
- Service Mark
- Settlement Agreement
- Settlor
- Share
- Single Life Annuity
- Sole Proprietorship
- Spousal Maintenance
- Spousal Support
- Statutory Agent
- Stock
- Stock Certificate
- Subleasing
- Subsidiary Corporation
- Successor Trustee
- Summons
- Tenancy
- Tenancy in Common
- Tenant
- Testament
- Testamentary
- Testamentary Trust
- Testate
- Testate Succession
- Testator
- Trademark
- Trust
- Trustee
- Trustor
- Unconscionable
- Uncontested Divorce
- Undue Influence
- Unlawful Detainer
- Verification
- Visa
- Visitation
- Will
- Witness
- Acknowledgment of Service
A document that a person receiving legal papers must sign. By signing, the person acknowledges to the court that he or she has received the papers.
Back to Top - Administrator
Someone assigned to straighten out the estate of a person who died without a will.
Back to Top - Advancement
When someone without a will gives something to an heir with the intention that such a gift will be subtracted from what the heir will receive after the person dies. For example, imagine John, who has no will, gives $10,000.00 to his son as an advancement. He then dies and leaves an estate worth $100,000.00. When distributions are being made from the estate in probate, the estate will essentially be worth $110,000.00 and John's son will have already received $10,000.00 of whatever he would have received.
Back to Top - Alternative Dispute Resolution
A process by which parties in a court case are helped in working out their issues without having to go to a trial.
Back to Top - Annual Meeting
A meeting at which a corporation's shareholders gather and vote on important issues such as the election of directors.
Back to Top - Annuity
A type of retirement account that allows you to withdraw money on some set periodic schedule during retirement.
Back to Top - Answer
The answer is a written response to the Petition or the Complaint. Generally it explains whether or not the person filing agrees or disagrees with what was said in the Complaint. In some cases an answer is called a response.
Back to Top - Arbitration
A method of resolving disputes without going to court. Typically, arbitration involves a neutral third party selected by the persons making the dispute. The third party makes a decision regarding the case. The decision is often, though not always, final and binding.
Back to Top - Articles of Incorporation
A document filed with the state that describes a new corporation. It usually includes the name of the corporation, the type of business in which the corporation is engaged, names of directors and/or officers, and the number of stocks available to the company. Articles of incorporation are sometimes referred to as certificates of incorporation or charters.
Back to Top - Assets
Something owned that has value. This includes items that a person, couple, or business owns such as a house, car, jewelry, furniture, etc. Assets can also include less tangible things such as an ownership interest in a business, debts that someone owes you, or intellectual property.
Back to Top - Assignment
Transfer of rights to something to someone else. For example, assume Person A signs a contract with Person B where Person B should be paid $100.00. Before the contract is completed, Person B assigns his rights to Person C. Person C is now entitled to receive the $100.00.
Back to Top - Assignment of Wages
An order that directs an employer to withdraw a certain amount of someone's paycheck as payment for child support or spousal support. An Assignment of Wages is sometimes also referred to as an Order of Assignment or a Mandatory Wage Assignment.
Back to Top - Authorized Shares
The maximum number of stock shares a corporation is allowed to sell. The number is generally outlined in the articles of incorporation.
Back to Top - Beneficiary
A person that receives something from someone else (such as through a will or a trust).
Back to Top - Bequeath
The act of giving someone something in a will.
Back to Top - Bequest
An act giving someone something in a will.
Back to Top - Business Entity
A business that exists separately from its owners. For legal and tax purposes the business is generally treated as a separate person. Examples of business entities include limited liability companies, corporations, sole proprietorships, etc.
Back to Top - Bylaws
A set of rules that guides how a corporation must behave internally.
Back to Top - C Corporation
A corporation that is taxed separately from its shareholders. It is named a C corporation after subsection C of the Internal Revenue Service Code.
Back to Top - Certificate of Authority
A document issued by a state that allows an out-of-state corporation to do business in that state.
Back to Top - Certificate of Incorporation
A document filed with the state that describes a new corporation. It usually includes the name of the corporation, the type of business in which the corporation is engaged, names of directors and/or officers, and the number of stocks available to the company. Articles of incorporation are sometimes referred to as articles of incorporation or charters.
Back to Top - Charitable Corporation
A non-profit corporation. Charitable corporations receive tax benefits not ordinarily available to corporations.
Back to Top - Charter
A document filed with the state that describes a new corporation. It usually includes the name of the corporation, the type of business in which the corporation is engaged, names of directors and/or officers, and the number of stocks available to the company. Articles of incorporation are sometimes referred to as certificates of incorporation or articles of incorporation.
Back to Top - Close Corporation
A corporation that does not freely sell stocks and has only a few shareholders.
Back to Top - Co-Petitioner
In divorce cases, a small number of courts refer to the Respondent as the “Co-Petitioner” if the two spouses file the Petition jointly.
Back to Top - Codicil
A document that supplements or changes an existing will.
Back to Top - Collective Mark
A trademark used by an association, cooperative, union or similar group.
Back to Top - Common Stock
Shares of a corporation that are sold to raise money. The shares generally give the owner an interest in the company proportional to the number of shares owned.
Back to Top - Community Debts
Debts that were incurred during a marriage and that both spouses are responsible for repaying.
Back to Top - Community Property
Property that the husband and wife get during their marriage. They each have rights to half of the property if they got married in a community property state. Some states divide property at the end of a marriage based on community property, or the idea that property acquired during the marriage should be divided equally. Other states use equitable distribution.
Back to Top - Complaint
This is generally the first document filed in a court case. It tells the court that something is wrong and asks that the court fix it by doing something, such as granting a divorce or entering a judgment against someone.
Back to Top - Consent Agreement
An agreement signed by both parties outlining how property will be divided and any issues regarding children will be resolved. Typically, consent agreements must be approved by a judge before their terms go into effect.
Back to Top - Copyright
The right of an owner of a work (such as a book, a movie, a song, a painting, a computer program, etc.) to copy or sell the work to others.
Back to Top - Copyright Infringement
Copying, using, or selling someone else's copyright protected work without the owner's permission.
Back to Top - Corporation
A business that is treated as a separate person from its owners and has the ability to sell shares of ownership (stocks) in the company to raise money.
Back to Top - Corpus
The thing that a trust is formed around. For example, if a house was placed into a trust for your child until the child reaches adulthood, the house is the corpus.
Back to Top - Covenant Marriage
A covenant marriage is a modern concept in marriage that essentially imposes fault back into no-fault marriages. In a covenant marriage, if the husband and wife wish to divorce, they must show a reason other than that they simply don't want to live together. Only Arkansas, Arizona, and Louisiana offer covenant marriages.
Back to Top - Custodial Parent
The parent that has physical custody of a child.
Back to Top - Custodian
A person that has physical custody of a child.
Back to Top - DBA
(“Doing Business As”) This is a document filed with the government that allows a business to do business under a name other than the name under which it was organized. For example, if a company was formed with the name ABC, Inc., a DBA might allow it to sell products under the name The XYZ Company.
Back to Top - Decedent
A person that has passed away.
Back to Top - Decree
This is an order from a judge. It is sometimes also called a judgment or an order.
Back to Top - Default
When one party in a court case says nothing in response to whatever is being said and the court consequently rules based on the information it has. For example, if a wife files a petition for divorce, and the husband doesn't file anything in response to the petition, the court might grant a default divorce based on what the wife has stated in her petition.
Back to Top - Defendant
The defendant is the person against whom a case is filed. For example, if A sues B, B is the defendant. The Defendant continues to be called the Defendant throughout the entire life of the court case. In divorce cases, the defendant is the spouse that did not file the initial paperwork. Some jurisdictions refer to the Defendant as the Respondent for certain cases
Back to Top - Descendant
Someone who was born after another person and in that person's family line. For example, your children and your grandchildren are all your descendants.
Back to Top - Devise
Giving something to someone (usually real property) by using a will
Back to Top - Devisee
A person getting property left in a will.
Back to Top - Directors
A group of persons elected by a corporation's shareholders to make important decisions regarding the company.
Back to Top - Disclosure
Revealing information to the other party in a court case. Most jurisdictions require that in a court case, each side disclose to the other any information relevant to the case. For example, in divorce cases, this might include hidden assets, a spouse's increase in income during the court case, children born in other relationships, etc.
Back to Top - Discovery
This is a period during a court case when each side is permitted to do research about their case. Courts typically allow each side to engage in a limited number of research methods such as demanding documents from the other side, asking the other side questions, interviewing witnesses, etc. Some courts do not allow discovery for certain types of cases. For example, there may be no need for discovery in a completely uncontested divorce case.
Back to Top - Dissolution
1) In divorce cases: This is the legal term for a divorce. Dissolution is the “dissolving” of a partnership or contract, or the dissolving of the marital partnership/marital contract. 2) In incorporation: Ending the life of a business such as a corporation or a limited liability company.
Back to Top - Dividend
Profits paid out to shareholders of a corporation.
Back to Top - Docket
The list of all of the notes and files in a court case.
Back to Top - Domestic Corporation
A corporation operating in the same state in which it was formed.
Back to Top - Durable Power of Attorney
A power of attorney that stays in effect as long as the person that granted it remains incapacitated.
Back to Top - EIN
(“Employer Identification Number”) An identification number assigned to a business used for purposes of taxation.
Back to Top - Employer Identification Number
An identification number assigned to a business used for purposes of taxation.
Back to Top - Entity
A business that exists separately from its owners. For legal and tax purposes the business is generally treated as a separate person. Examples of business entities include limited liability companies, corporations, sole proprietorships, etc.
Back to Top - Equitable Distribution
Where the court divides property at the end of a marriage fairly, but not necessarily equally. Some states divide property by equitable distribution. Other states divide property with a community property system.
Back to Top - Estate
Everything a person owns, including property and debts.
Back to Top - Estate Tax
A tax that must be paid on property received from someone else's estate after they die. Estate taxes are sometimes also called inheritance taxes.
Back to Top - Executor
A person that makes sure a will is carried out after someone passes away.
Back to Top - Fault Divorce
A divorce in which the husband and wife must show the court that one of them did something to the other to cause the divorce (such as cheat on, abuse, or abandon the spouse). All states currently allow no-fault divorce, however, many states still allow divorces based on fault.
Back to Top - Fiscal Year
The year during which a business is taxed. Fiscal years do not have to coincide with calender years. For example, a corporation might have a fiscal year running from April 1 to March 31.
Back to Top - Foreign Corporation
A corporation operating in a different state than the one in which it was formed.
Back to Top - Foreign National
A foreign person.
Back to Top - Grantor
The person that places property into a trust. Grantors are often also called settlors or trustors.
Back to Top - Grounds
This is the legal reason a court is allowed to do something. Most American courts generally cannot just order something because they feel like it. They must demonstrate legal grounds in order to enter a judgment. In divorce cases, for example, some states require that the couple demonstrate that one spouse was cheating, had abandoned the family, is a drug addict, or that the couple is completely incompatible before a divorce order can be entered. Such a finding would be the grounds for the divorce.
Back to Top - Guardian
Someone appointed by the court to care for another person (such as a child) and make decisions regarding that person's welfare.
Back to Top - Guardian ad-Litem
A person appointed by a court to represent a child (or incompetent person) in court. A Guardian ad-Litem is usually an attorney.
Back to Top - Health Care Directive
A document that reflects a person's wishes in the event that he or she is incapacitated. Health care directives usually include health care powers of attorney and/or living wills.
Back to Top - Health Care Power of Attorney
A power of attorney regarding medical decisions that stays in effect as long as the person that granted it remains incapacitated. A health care power of attorney is a kind of durable power of attorney. Health care power of attorneys are sometimes called health care proxies.
Back to Top - Health Care Proxy
A power of attorney regarding medical decisions that stays in effect as long as the person that granted it remains incapacitated. A health care proxy is a kind of durable power of attorney. Health care proxies are sometimes called health care power of attorneys.
Back to Top - Heir
A person that receives something from the estate of a deceased person.
Back to Top - Holographic Will
A will that is entirely handwritten.
Back to Top - Immigrant Visa
A type of visa that allows a person to permanently live in the United States.
Back to Top - Incorporator
The person that registers and organizes a corporation with the government.
Back to Top - Inheritance Tax
A tax that must be paid on property received from someone else's estate after they die. Inheritance taxes are sometimes also called estate taxes.
Back to Top - Infringement
Copying, using, or selling someone else's copyright protected work, patented design, or registered trademark without the owner's permission.
Back to Top - Intellectual Property
Property that is not tangible. This primarily includes copyrights, patents, and trademarks.
Back to Top - Inter Vivos Trust
A trust that is set up and takes effect while the person that set it up (the grantor) is still alive. An inter vivos trust is often called a living trust.
Back to Top - Interment
Burial
Back to Top - Intestate
Dealing with someone who has died without a will.
Back to Top - Intestate Succession
The legal process through which a person's estate is distributed when that person died without a will.
Back to Top - Irrevocable Living Trust
A trust that cannot be canceled by the person that set it up (the grantor).
Back to Top - Joint and Survivor Annuity
A kind of annuity that allows the person that set up the annuity along with another person (usually a spouse) to receive set payments for the remainder of their lives. A joint and survivor annuity is sometimes also called a joint life annuity.
Back to Top - Joint Life Annuity
A kind of annuity that allows the person that set up the annuity along with another person (usually a spouse) to receive set payments for the remainder of their lives. A joint life annuity is sometimes also called a joint and survivor annuity.
Back to Top - Joint Tenancy with Right of Survivorship
A way in which two or more people can own something in equal shares (usually real property). If any of the owners dies, then the deceased owner's share of the property is given to the other owners. This is often referred to as Joint Tenancy for short.
Back to Top - Judgment
This is an order from a judge. It is sometimes also called a decree or an order.
Back to Top - Lease
A contract that allows one person to use the property of another for a certain amount of time.
Back to Top - Legal Custody
This is the ability to make decisions regarding a child's rights, such as where the child will go to school, what doctors they will see, etc. Legal custody is different from physical custody.
Back to Top - Legal Grounds
This is the legal reason a court is allowed to do something. Most American courts generally cannot just order something because they feel like it. They must demonstrate legal grounds in order to enter a judgment. In divorce cases, for example, some states require that the couple demonstrate that one spouse was cheating, had abandoned the family, is a drug addict, or that the couple is completely incompatible before a divorce order can be entered. Such a finding would be the grounds for the divorce.
Back to Top - Legal Separation
When the court acknowledges that a husband and a wife live apart without actually getting a divorce. The only difference between a legal separation and a separation is the court's recognition of the separation.
Back to Top - Legatee
A person that receives something from a will. Legatees are often called beneficiaries.
Back to Top - Lessee
A person allowed to use the property of another because of a lease.
Back to Top - Lessor
A person (typically an owner) who allows another person to use property by means of a lease.
Back to Top - Limited Liability Company
A company registered with the state that creates a buffer in liability between the owners and the company.
Back to Top - Limited Liability Partnership
A partnership in which each partner has liability only for his or her own actions.
Back to Top - Limited Partnership
A partnership consisting of “limited partners” and “general partners”. The general partners run the company and are liable for debts incurred by the company. The limited partners do not manage the company and do not have liability beyond their investment into the company.
Back to Top - Living Trust
A trust that is set up and takes effect while the person that set it up (the grantor) is still alive. A living trust is often called an inter vivos trust.
Back to Top - Living Will
A document that allows a person to declare that if he is incapacitated, what he would like to have happen to him. For example, the document might specify that you do not want to be on life support or that you would like a particular type of treatment.
Back to Top - LLC
(“Limited Liability Company”) A company registered with the state that creates a buffer in liability between the owners and the company.
Back to Top - Manager
A person selected by the members of a limited liability company to run the company.
Back to Top - Mandatory Wage Assignment
An order that directs an employer to withdraw a certain amount of someone's paycheck as payment for child support or spousal support. A Mandatory Wage Assignment is sometimes also referred to as Assignment of Wages or an Order of Assignment.
Back to Top - Marital Property
Property acquired by a husband and wife during a marriage. This usually does not include gifts or inheritances to a single spouse.
Back to Top - Mediator
This is a person that meets with two parties and helps them to work out a resolution both sides can agree on. Mediators are not judges and do not have the power to force you to do anything. Some jurisdictions require that each side in a case meet with a mediator before being allowed to pursue the case.
Back to Top - Minutes
A record of the discussion in a corporate meeting.
Back to Top - Month-to-Month
When a tenant occupies a residence without a set time on a lease. Law generally defaults to measurement of the tenancy in periods of one month at a time. At the end of each month, terms of the agreement can be changed by either the tenant or the landlord. For example, in a month-to-month arrangement, the landlord can generally change the rent amount with thirty days notice. Conversely, tenants can vacate the residence with thirty days notice.
Back to Top - Motion
A request that the court do something. Motions can typically be written, or can be made orally in front of a judge.
Back to Top - National
A foreign person.
Back to Top - Naturalization
The process in which a foreign-born person becomes a United States citizen.
Back to Top - Nisi
A ruling by the court without input from one of the people involved in a case. The ruling is generally set on a temporary basis.
Back to Top - No-fault
A divorce in which the husband and wife are allowed to separate simply because they can no longer live together.
Back to Top - Non-Custodial Parent
The parent that does not have physical custody of a child.
Back to Top - Non-Immigrant Visa
A type of visa that allows a person to enter the United States temporarily and for some specific purpose.
Back to Top - Non-Profit Corporation
A corporation formed for some reason other than to make money. Non-profit corporations are given tax benefits by the IRS.
Back to Top - Nuncupative Will
A will that is spoken to someone just before death. Most states will not honor nuncupative wills.
Back to Top - Officer
A person elected by the directors of a corporation to run the affairs of the company.
Back to Top - Operating Agreement
A document signed by each of the members of a limited liability company which contains internal rules regarding the operation of the company.
Back to Top - Order of Assignment
An order that directs an employer to withdraw a certain amount of someone's paycheck as payment for child support or spousal support. An Order of Assignment is sometimes also referred to as Assignment of Wages or a Mandatory Wage Assignment.
Back to Top - Order to Show Cause
An order issued by the court demanding that one party appear before the court and explain why they have done or are not doing something.
Back to Top - Par Value
The minimum value for which a stock can sell when it is initially sold.
Back to Top - Parent Corporation
A corporation that controls another corporation usually through ownership of a significant number of shares.
Back to Top - Parenting Plan
A document that lists out how parents will share and manage issues related to custody and visitation.
Back to Top - Partner Support
Money that is paid to a domestic partner after (and/or during) a divorce. It is sometimes called alimony, except that partner support deals specifically with domestic partners.
Back to Top - Partnership
A business formed by two or more people that agree to work together. Partnerships do not typically need to be registered with the state to be valid, however, the partners generally bear full liability for their actions.
Back to Top - Party
Someone directly involved in a case. This typically includes the Petitioner and Respondent (or Plaintiff and Defendant).
Back to Top - Patent
A right to make, use, or sell an invention.
Back to Top - Per Capita Distribution
Dividing something equally between several people.
Back to Top - Per Stirpes
Dividing up property between several descendants of a deceased person.
Back to Top - Periodic Tenancy
Right to occupy a property for a set period of time. Periodic tenancies are usually measured month-to-month or year-to-year.
Back to Top - Petition
This is a request to the court to do something, such as grant a divorce or get a name change. It is generally the first thing filed in a case. Some states call it a complaint in divorce cases.
Back to Top - Petitioner
The person that filed the first pleading (generally called a “Petition” in a divorce case). The Petitioner continues to be called the Petitioner throughout the entire life of the court case. Some jurisdictions refer to the Petitioner as the Plaintiff.
Back to Top - Physical Custody
This addresses who the children will live with and stay with. Although some courts merge the two by saying “custody”, physical custody is different from legal custody.
Back to Top - Plaintiff
The person that filed the first pleading (generally called a “Petition” or a “Complaint” in a divorce case). The Plaintiff continues to be called the Plaintiff throughout the entire life of the court case. Some jurisdictions refer to the Plaintiff as the Petitioner.
Back to Top - Post Nuptial Agreement
A document signed by two persons after getting married that addresses issues regarding property rights and money in the event of a death of one of the spouses or divorce. Post nuptial agreements are different from prenuptial agreements only in that they are signed after a couple gets married.
Back to Top - Power of Attorney
A document authorizing someone to act on another person's behalf with regard to a specific issue.
Back to Top - Preferred Stock
Stock that receives dividend payments prior to payments made to common stock shareholders.
Back to Top - Premarital Agreement
A document signed by two persons planning to get married that addresses issues regarding property rights and money in the event of a death of one of the spouses or divorce. Premarital agreements are sometimes called prenuptial agreements.
Back to Top - Prenuptial Agreement
A document signed by two persons planning to get married that addresses issues regarding property rights and money in the event of a death of one of the spouses or divorce. Prenuptial agreements are sometimes called premarital agreements.
Back to Top - Pro Per
A person representing him or herself without a lawyer. Sometimes also called Pro Se.
Back to Top - Pro Se
A person representing him or herself without a lawyer. Sometimes also called Pro Per.
Back to Top - Probate
The process in which a deceased person's estate is divided up.
Back to Top - Process Server
This is a person that serves (or gives) legal documents to another person in a court case. Process servers are usually required to give an opposing party certain documents because the court wants to see that a neutral third party let the person know they were being sued.
Back to Top - Professional Corporation
A corporation formed for a business that requires a license, such as that of a doctor or a lawyer.
Back to Top - Professional Limited Liability Company
A limited liability company formed for a busines that requires a license, such as that of a doctor or a lawyer.
Back to Top - Proxy
The authority to vote on behalf of another person that is allowed to vote. For example, if a corporate shareholder could not attend a meeting where a vote was being held, he could allow his friend to vote for him by proxy.
Back to Top - Public Corporation
A corporation that freely sells stock shares to the general public.
Back to Top - QDRO
(“Qualified Domestic Relations Order”) A court order allowing the transfer of retirement funds from one spouse to the other.
Back to Top - Qualified Domestic Relations Order
A court order allowing the transfer of retirement funds from one spouse to the other. Qualified domestic relations orders are usually called QDRO's.
Back to Top - Quorum
The minimum number of people that must be present to hold a meeting.
Back to Top - Real Property
Real estate such as your home, land, or investment properties.
Back to Top - Registered Agent
A person designated by a business to accept legal documents on behalf of the business. Registered agents are sometimes called statutory agents.
Back to Top - Registered Office
The location at which the registered agent is located.
Back to Top - Residency
The state you live in. All states have certain requirements regarding how long you have lived in their state (and sometimes county) before you can file certain documents.
Back to Top - Resident Witness
A person that will swear that someone else (usually one of the parties in a divorce case) has lived in the state for a certain amount of time
Back to Top - Residuary
Property remaining in a trust or a will after all specific property has been given away. For example, if Aunt Joan wrote a will that left her necklace to Sarah and the rest of her property to John, then John is receiving the residuary of the will.
Back to Top - Respondent
The party that did not file the initial paperwork or that is “responding” to whatever was first filed with the court. The Respondent continues to be called the Respondent throughout the entire life of the court case. Some jurisdictions refer to the Respondent as the Defendant for certain cases.
Back to Top - Response
The response is a written answer to the Petition or the Complaint. Generally it explains whether or not the person filing agrees or disagrees with what was said in the Complaint. In some cases a response is called an answer.
Back to Top - Revocable Living Trust
A trust that can be canceled by the person that set it up (the grantor).
Back to Top - S Corporation
A corporation that is not taxed separately from its shareholders. S corporations are generally prohibited from selling more than a small number of shares.
Back to Top - Self-Proving Affidavit
A document attached to a will that is signed and notarized by the person writing the will and the witnesses. Because wills are typically not notarized, a self-proving affidavit allows the testator to notarize the will. Having the will notarized helps to eliminate disputes after death as to whether or not the testator actually signed the will.
Back to Top - Separate Debt
Debt that is owed by only one spouse and not the other. This generally includes any debt that was acquired before the marriage.
Back to Top - Separate Property
Property that belongs only to the husband or the wife. This usually includes property that was acquired before the marriage or property that was given as a gift to or was inherited by one spouse.
Back to Top - Separation
When a husband and a wife live apart without actually getting a divorce. Generally separation refers to a separation without the court's approval, however, it may also be used to refer to a legal separation.
Back to Top - Service
This is the giving of documents to an opposing party in a court case.
Back to Top - Service Mark
A word, symbol, logo, or image, that represents the sale of services.
Back to Top - Settlement Agreement
This is an agreement in a court case between the two sides that lists how the two have agreed to end the case.
Back to Top - Settlor
The person that places property into a trust. Settlors are often also called trustors or grantors.
Back to Top - Share
A piece of ownership in a corporation. Shares are typically reflected by stock certificates.
Back to Top - Single Life Annuity
An annuity that pays a set amount of money to the retiree for the duration of his or her life.
Back to Top - Sole Proprietorship
A business owned by a person that has all the liability and owns all the assets.
Back to Top - Spousal Maintenance
Money that is paid to a spouse after (and/or during) a divorce. It is sometimes called alimony or spousal support.
Back to Top - Spousal Support
Money that is paid to a spouse after (and/or during) a divorce. It is sometimes called alimony or spousal maintenance.
Back to Top - Statutory Agent
A person designated by a business to accept legal documents on behalf of the business. Statutory agents are sometimes called registered agents.
Back to Top - Stock
The ownership rights to a corporation. Stock is divided into shares.
Back to Top - Stock Certificate
A document evidencing ownership of shares in a corporation.
Back to Top - Subleasing
When a person entitled to property under a lease, leases that property to another.
Back to Top - Subsidiary Corporation
A corporation owned by another corporation.
Back to Top - Successor Trustee
The person that becomes a trustee if the trustee is no longer able or willing to serve as trustee.
Back to Top - Summons
A document stamped by a court clerk that demands that someone appear in court.
Back to Top - Tenancy
A right to occupy real estate.
Back to Top - Tenancy in Common
A way that two or more people can own property. If one of the owners dies, his share of the property will pass to his heirs.
Back to Top - Tenant
A person that occupies a residence with the permission of the owner.
Back to Top - Testament
A document that describes how a person wants his or her estate distributed when they pass away. A testament is sometimes also called a will.
Back to Top - Testamentary
Dealing with a will or testament.
Back to Top - Testamentary Trust
A trust established by a will. Testamentary trusts are usually done for the benefit of children. For example, if John Doe died, he might place a house into a testamentary trust. Another person would then take care of the house until John Doe's child became an adult.
Back to Top - Testate
Dealing with someone that dies with a will.
Back to Top - Testate Succession
The legal process through which a person's estate is distributed when that person died with a will.
Back to Top - Testator
A person who has died and left a will.
Back to Top - Trademark
A word, symbol, logo, or image, that represents the sale of goods or services. Technically a trademark only references the mark representing goods. A service mark represents services. However, the term “trademark” is commonly used to reference both trademarks and service marks.
Back to Top - Trust
A trust holds property that was owned by a person (the trustor) is managed by a third party (the trustee) for the benefit of someone else (a beneficiary). So for example, imagine John Doe, the trustor, owns a piece of property. He places it into a trust. Jane Doe, the trustee, takes care of the property. When John Doe dies, the property is given to Johnny Doe, the beneficiary and John Doe's son. Different events can trigger the transfer of property from a trust to a beneficiary. Amongst the most common is the trustor's death.
Back to Top - Trustee
Someone appointed to take care of property for the beneficiary of a trust. For example, if a trust was set up to hold a house for a child, the trustee is the person that would look after the house until the child (the beneficiary) became an adult.
Back to Top - Trustor
The person that places property into a trust. Trustors are often also called settlors or grantors.
Back to Top - Unconscionable
Done without a conscience. Courts will sometimes find that an agreement or contract is invalid because it is unconscionable. This means that one of the parties in the agreement has done something so heinous that the court feels the agreement should not be upheld. As an extreme example, imagine one party agrees to marry the other. They sign a prenuptial agreement that says that in the event of the divorce, the husband will receive all property, even property that was the wife's prior to the divorce. The wife in turn agrees to get all debts that were incurred before or during the marriage. This agreement is so weighted towards the husband (or unconscionable) that few courts, if any, would uphold it.
Back to Top - Uncontested Divorce
This is a divorce in which both the husband and wife agree as to all the terms of the divorce.
Back to Top - Undue Influence
Inappropriately influencing someone such that the person being influenced no longer has free will. For example, forcing a senile older person to sign a will bequeathing an estate to you would be an example of undue influence.
Back to Top - Unlawful Detainer
Illegally holding on to a piece of real property that was legally acquired. This usually occurs tenants rent a home and then stay in the home after they've been told to leave.
Back to Top - Verification
Verifications are typically attached to other documents and signed by someone. By signing, the person swears that all of the facts contained in the document to which the Verification is attached are true.
Back to Top - Visa
A document reflecting the national government's permission for a foreigner to conduct some kind of business in our country.
Back to Top - Visitation
This is the act of or the conditions under which, one parent spends time with a child.
Back to Top - Will
A document that describes how a person wants his or her estate distributed when they pass away. A will is sometimes also called a testament.
Back to Top - Witness
A person who watches you sign something or a person that can testify to certain facts.
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