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30 Cards in this Set

  • Front
  • Back

Actual owner. One person transfers ownership to another to hold or manage for benefit of 3rd party

Trust

Makes the trust

Trustor

Person who benefits from the trust

Beneficiary

Trustee

Person who holds legal title and is entrusted in carrying out trustor instructions

Person who acts in confidence or trust and has special legal relationship with beneficiary. Trust can be established during trustor lifetime or after death.

Fifuciary

Created while person is alive. Can be revoked

Living trust

Created after owners death

Testamentary trust

Real estate. Property conveyed to trustee. Beneficial interests belongs to beneficiary. Beneficiary is also trustor

Land trust

Businesses hold property in severalty. 1 person is guided by shareholders.

3 types. Partnership. General partnership. Limited partnership

Co owners

Partnership

All partners participate in day to day operations and share full liability for losses and obligations.

General partnership

1 or more general and limited partners. Run by General partner. Each can beheld liable for losses but only up to what they invested.

Limited partnership

Artificial person creates a company. Managed and operated by board of directors who are assigned by owners/shareholders

Corporations

Runs like a company and acts like a partnership

Limited liability company. LLC

Owns unit fee simple. Owns portion of community property

Condominium

Pool, parks, etc. Has HOA

Common elements

Corporation holds title. Offers shares of stock to prospective tenants

Cooperative ownership

Given in certain increments and own certain weeks

Time share

Sole owner. Owned by one individual, corporation or entity or other entity. Has sole rights.

Severalty

Ownership by 2 or more people. Individuals may Co own property as tenants in common or joint tenants

Co ownership

Tenancy in common

Joint tenancy

Distinguishing feature-length one dies ownership is transferred to others (not heirs, not willed). When only one left then last one left can have a heir

Right of survivorship

1. Tenancy by entirety. 2. Community property rights 3. Separate rights 4. Community property

Ownership by married couples. 4 types

Co ownership. Spouse inherits everything. Everything is equal. Undivided interest in property

Tenancy by entirety

Spouses are equal partners. Any property acquired during marriage is obtained by mutual effort

Community property rights

Property owned by one person before marriage, acquired by gift or inheritance or bought with separate funds will remain that spouses property. Right of survivorship

Separate property

Real and personal property acquired during marriage is community property. Spouses are equal partners. Conveyance requires both signatures. No right of ownership. When one spouse dies, survivor owns one half of community property. Other one half is distributed according to will or if no will according to state law.

Community property

Terminating a joint tenancy

Legal way to dissolve relationship between Co owners when they disagree on termination. Property is sold and profit spkit

Partition