simultaneous deaths Flashcards
Revised Uniform Simultaneous Death Act (RUSDA)
(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