Simultaneous Deaths Flashcards
What is the basic rule of the Revised Uniform Simultaneous Death Act (RUSDA)?
If two people die within 120 days of each other (or there is no proof they didn’t die that close in time), presume that each predeceased the other when distributing their estate.
A & B are in a car accident. A dies instantly, and B dies in the hospital 3 days later. Each are testamentary beneficiaries of the other. How is A treated in B’s will and how is B treated in A’s will?
When distributing A’s will - treat B as having predeceased A.
When distributing B’s will - treat A as having predeceased B.
If A & B die within 120 hours of each other, but B survives just a bit longer - can B change his will between A’s death and his?
Yes - the only application of RUSDA is in determining distribution of a will. A person who is alive can always change their will.
How does RUSDA impact the distribution of property held by joint tenancy or tenancy by the entirety or joint bank accounts?
Theoretically - as though each co-owner survived the other. The practical result is by severing the right of survivorship. The property will pass as if it had been a tenancy in common - each estate gets half.
