Most spouses create Estate Plans that are intertwined. The plans work well on numerous levels allowing the spouses to benefit the surviving spouse. Then upon the death of the survivor joint assets will be distributed to their children. In a second marriage situation, it’s possible to create a trust benefitting the surviving spouse for life. Then upon the death of the surviving spouse, the children from a prior relationship will benefit. What happens when two spouses die at the same time or so close in time that it’s impossible to determine who died first? Most documents contain what’s called a “simultaneous death” clause that indicates that one spouse will be deemed to have survived the other to address just that issue. Thankfully, even if the documents lack that provision or contain conflicting provisions, nearly every state has enacted the Uniform Simultaneous Death Act which also addresses the issue. Read on to learn more.
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