Simultaneous Deaths Flashcards
1
Q
Statute regarding simultaneous deaths
A
Revised Uniform Simultaneous Death Act (RUSDA)
2
Q
RUSDA- what does it do?
A
absent a will provision to the contrary, if a person dies under circumstances where there is insufficient clear and convincing evidence to prove that such person is to have survived the other by 120 hours (5 days), the property of that person is distributed as through he or she predeceased the other person.
-treat each other as predeceased for purposes of distribution
3
Q
RUSDA and jointly-held property
A
Sever the right of survivorship=> tenancy-in-common, then distribute each half according to each respective will
