(Revised 12/16/2011 ML#3298)
This is a list of words and phrases used throughout the Estate Recovery Manual. Each is followed by an explanation.
When used as a noun, means a person who acquires an interest in property pursuant to a written or oral assignment of that property from a person with the legal right to assign it; and, when used as a verb, means the act of conveying or transferring an interest in property.
Any person who provides consideration, including money or property, to a seller or transferor of real property or personal property equal to the fair market value of the property sold or transferred.
The offspring and adopted offspring of a parent, but does not include an individual who is a stepchild, a foster child, a grandchild, or any more remote descendant.
The county social service board.
The North Dakota Department of Human Services.
A probate or an intestacy proceeding.
When used as a noun, means a testamentary disposition of real or personal property; and, when used as a verb, means to dispose of real or personal property by will.
A person designated in a will to receive a devise.
When referring to an adult child with disabilities, means a natural or adopted son or daughter (of the deceased Medicaid recipient) who met workers with disability, SSI, or SSA disability criteria at the time the department’s claim was asserted.
Includes all property of the decedent.
An organization authorized to do business under state or federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan association, and credit union.
Any individual, including the surviving spouse, who is entitled under intestate succession to the assets of a decedent who died wholly or partially intestate.
A human being.
Any form of legal, beneficial, equitable or ownership interest.
Intestacy Proceeding
A judicial proceeding concerning the estate of an intestate.
One who dies without leaving any valid will or who dies leaving a valid will that is ineffective to dispose of all of a decedent's estate.
Intestate succession
Succession to assets of a decedent who dies intestate.
Owning property as joint tenants with right of survivorship.
Joint tenants with right of survivorship
Ownership of property held under circumstances that entitle one or more owners to the whole of the property on the death of the other owner or owners.
Legal ownership by a person.
An interest in property that terminates upon the death of a measuring life.
Any individual who is in a long term care living arrangement, who is under the age of 55 years, has resided in a facility for six consecutive months, and has received written notice that they are considered to be permanently institutionalized, unless an appeal has determined otherwise.
Any individual, corporation, association, firm, partnership, trust, estate or other form of entity.
All tangible and intangible personal property, wherever located, including chattels and movables, boats, vehicles, furniture, personal effects, livestock, tools, farming implements, cash, currency, negotiable papers, securities, contracts, and contract rights.
Includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
A judicial proceeding concerning the estate of a decedent who left a will, or to establish or dispute the existence or validity of a will.
Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
Real property
Land, wherever located, including improvements and fixtures thereon, and every estate, interest, and right in that land, including fee simple, terms for years, life estates, leasehold interests, condominiums or time share properties.
Includes any note, stock, treasury stock, bond, debenture, membership interest in a limited liability company, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.
Persons, other than creditors, who are entitled to property of a decedent under the decedent’s will, except that the department, and its agents, may act as successors for purposes of collecting amounts owed to the department.
Any person who, as a co-tenant, is automatically entitled to an expanded share of real or personal property upon the death of a fellow co-tenant.
An interest in property that expires upon the death of an individual whereby the interest of the individual’s co-owners automatically expands to the same extent without necessity for any act of transfer or distribution.
Ownership of property by an individual, together with one or more other persons, which ownership interest shall not pass by survivorship upon the death of the individual.
Transfer on death
A transfer of real property that does not take effect until the death of the grantor, as authorized pursuant to N.D.C.C. ch. 30.1-32.1, Uniform Real Property Transfer at Death Act.
