Testamentary Gift Issues Flashcards
A decedent and her only child were killed in a plane crash. The child is survived by a spouse, and the decedent is survived by only a brother.
The decedent left an intestate estate and a life insurance policy with the child as the named beneficiary. Who will share in the decedent’s estate and the insurance proceeds?
The decedent’s brother will take the estate and the insurance proceeds.
A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent. Decedent’s estate will be distributed as though child died before the decedent.The decedent’s brother, her only intestate heir, will take the estate.
The 120-hour rule also applies to life insurance, so the insurance proceeds will be paid to the decedent’s estate and also pass to the brother.
