simultaneous deaths Flashcards

1
Q

Revised Uniform Simultaneous Death Act (RUSDA)

A

(tested with anti-lapse)

a) Revised Uniform Simultaneous Death Act (RUSDA): absent provision to contrary, if two people die and insufficient evidence to prove one died 120 hours (5 days) after the other → presume each outlived the other when figuring out how to distribute their respective property → treat person whose estate we are looking at as the survivor.

b) Jointly Held Property in RUSDA: RUSDA theoretically severs rights survivorship → property passes as though tenancy in common existed (not as survivorship property) → to each co-tenants heirs/assigns (otherwise, would bounce between estates).
Note: same results for tenants by entirety and joint bank accounts

KEY TO RUSDA: identify whose estate you are distributing

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