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Wills • Simultaneous Death
WILLS#054
Legal Definition
Under a will, where the court cannot determine by clear and convincing evidence who survived whom, it is deemed that neither person servived the other. In an intestate situation, an heir must survive the decedent by 120 hours (5 days).
Plain English Explanation
To best explain this rule, let's talk about how it came to be. In 1985, a newly married couple, Stanley and Theresa, came home from their honeymoon to find Stanley's brother dead. They had no idea at that time that the brother had ingested cyanide laced Tylenol. Later, when the family gathered to mourn the loss of the brother, both Stanley and Theresa took the same Tylenol and died. An insurance policy on Stanley's life named Theresa as the primary beneficiary, and his mother as a contingent beneficiary. Thus, if Theresa died first, Stanley's mother (and his family) would get the life insurance money. In contrast, if Stanley died first, Theresa's estate (and her family) would get the insurance money. Both sides really wanted the money, so they launched a disgusting legal battle where each side introduced horrifying evidence to try to show which person was able to hold on to life slightly longer than the other. There was so much media attention around the case that Congress decided to change the law so that a person must survive by 120 hours in order to receive an intestate distribution of assets. This way there was no incentive for close-call cases of people dying to become media circuses.
In other words, let’s imagine two people, Bob and Sam, who unfortunately die in a car accident at the exact same time. The question then becomes: who gets whose stuff? Normally, when one person dies, their stuff goes to the person who outlives them. But in this scenario, since we can’t tell who died first, it’s a bit tricky. The Uniform Simultaneous Death Act (USDA) steps in here and says, “Let’s just assume they both died at the same time for inheritance purposes.”
This rule keeps things simple and avoids messy arguments about who might have lived a few seconds longer. It’s a bit like saying, "If we can't figure it out, let's just call it even."
Now, in another situation where someone dies without a will (called "intestate"), the law adds a little more detail. The heir, the person who would inherit, has to survive at least 120 hours after the person dies to get the inheritance. It’s a safeguard to make sure the stuff goes to someone who’s actually around to receive it. Think of it as the law’s way of saying, "Let’s be sure the heir is alive and well before handing over the goods."
In other words, let’s imagine two people, Bob and Sam, who unfortunately die in a car accident at the exact same time. The question then becomes: who gets whose stuff? Normally, when one person dies, their stuff goes to the person who outlives them. But in this scenario, since we can’t tell who died first, it’s a bit tricky. The Uniform Simultaneous Death Act (USDA) steps in here and says, “Let’s just assume they both died at the same time for inheritance purposes.”
This rule keeps things simple and avoids messy arguments about who might have lived a few seconds longer. It’s a bit like saying, "If we can't figure it out, let's just call it even."
Now, in another situation where someone dies without a will (called "intestate"), the law adds a little more detail. The heir, the person who would inherit, has to survive at least 120 hours after the person dies to get the inheritance. It’s a safeguard to make sure the stuff goes to someone who’s actually around to receive it. Think of it as the law’s way of saying, "Let’s be sure the heir is alive and well before handing over the goods."
Hypothetical
Hypo 1: Bob and Sam are both in a plane crash, and it's impossible to tell who died first. Bob had a will that left everything to Sam, and Sam had a will that left everything to Bob. Result: Under the Uniform Simultaneous Death Act, since it cannot be determined who died first, neither will's provisions take effect as if the other survived. Instead, each of their estates would be handled as if the other had predeceased them, likely passing to their respective heirs under their wills or state intestacy laws.
Hypo 2: Bob dies in a car accident, and Sam, his brother, dies a few hours later from injuries sustained in the same crash. Bob did not have a will, and Sam was his heir. Result: Because Sam survived Bob by less than 120 hours, he does not inherit Bob’s estate under the rule. Instead, Bob’s estate would pass to the next in line under the state’s intestacy laws.
Hypo 3: Bob and Sam are partners and own a business together. Both have wills stating that their shares in the business go to the other if one dies. They die in a boating accident, and it's unclear who died first. Result: According to the Uniform Simultaneous Death Act, since it’s not clear who outlived whom, the law assumes they died at the same time. Each of their shares in the business would be distributed according to the rules of intestacy or the next beneficiaries in their wills.
Hypo 4: Bob and Sam are both in the hospital. Bob dies first, and Sam dies 130 hours later. Result: The Uniform Simultaneous Death Act does not apply here because it is clear who died first, and Sam survived Bob by more than 120 hours. Therefore, Sam would inherit Bob’s estate if he was named as the heir, and Sam’s estate would then pass according to his will or intestacy rules.
Hypo 2: Bob dies in a car accident, and Sam, his brother, dies a few hours later from injuries sustained in the same crash. Bob did not have a will, and Sam was his heir. Result: Because Sam survived Bob by less than 120 hours, he does not inherit Bob’s estate under the rule. Instead, Bob’s estate would pass to the next in line under the state’s intestacy laws.
Hypo 3: Bob and Sam are partners and own a business together. Both have wills stating that their shares in the business go to the other if one dies. They die in a boating accident, and it's unclear who died first. Result: According to the Uniform Simultaneous Death Act, since it’s not clear who outlived whom, the law assumes they died at the same time. Each of their shares in the business would be distributed according to the rules of intestacy or the next beneficiaries in their wills.
Hypo 4: Bob and Sam are both in the hospital. Bob dies first, and Sam dies 130 hours later. Result: The Uniform Simultaneous Death Act does not apply here because it is clear who died first, and Sam survived Bob by more than 120 hours. Therefore, Sam would inherit Bob’s estate if he was named as the heir, and Sam’s estate would then pass according to his will or intestacy rules.
