Simultaneous death

Question 1

Three potential order-of-death possibilities and who takes:

Answer 1

1. Property owner dies first; the beneficiary takes the property no matter how short the survival period
2. The beneficiary dies first; the beneficiary does not take the property → if the decedent died intestate, the beneficiary’s descendants may take in his place; if the decedent left a will, the antilapse statute might apply to the gift
3. The two individuals die simultaneously; the property owner is deemed to have survived the beneficiary when there is insufficient evidence to establish that they died other than simultaneously

Question 2

The simultaneous death rules apply whenever title to property, or its devolution, depends on the order of death. Fla. Stat. § 732.601(1)

Answer 2

E.g. A testamentary devise

This provision also applies if the property owner and the person who would take the property by intestate succession are deemed to die simultaneously

Question 3

The simultaneous death rules applies if one person provides that two or more beneficiaries will take successive interests by survivorship. § 732.601(2)

Answer 3

If insufficient evidence that the beneficiaries did not die simultaneously, the property is divided into equal parts based on the number of successive beneficiaries

Each part is distributed to the persons who would take if the particular beneficiary had been the survivor

Question 4

The simultaneous death rules cover survivorship tenancies: joint tenancy with right of survivorship and tenancy by the entirety

Answer 4

If the deaths are treated as simultaneous, the property is divided equally by the number of tenants

Each tenant is treated as surviving for his or her share of the property

Each is treated as having predeceased with respect to the remaining shares. Fla. Stat. § 732.601(3)

Question 5

The simultaneous death rules cover life or accident insurance policies:

Answer 5

If the deaths are deemed to be simultaneous, the insured is treated as surviving the beneficiary. Fla. Stat. § 732.601(4)

Question 6

The simultaneous death rules do not apply to tenancies in common:

Answer 6

Because each tenant’s interest passes by will or intestacy, it does not matter if tenants in common die simultaneously unless one (or both) of them devised the property to the other by will

In that case, the lapse rules might apply. Fla. Stat. § 732.603

Question 7

Order of death UPC standard

Answer 7

The UPC §§ 2-104 and 2-702 apply a “clear and convincing evidence” standard

Question 8

Order of death FL standard

Answer 8

The order of death rules in § 732.601 do no indicate what standard is used in determining whether the individuals died other than simultaneously

Must be “sufficient evidence”

Question 9

Length of survivorship in FL

Answer 9

No minimum period of survivorship in § 732.601

Question 10

Length of survivorship for UPC

Answer 10

UPC §§2-104 and 2-702 require survivorship by 120 hours (equivalent of 5 days)