Simultaneous Death, Generally
Simultaneous death
occurs when two or more people die under circumstances that make it
impossible to determine which of them survived, or outlived, the other.
When this occurs, all joint
property with the
right of survivorship
is divided between the deceased owners and given to each owner's individual
estate. Each portion of the
property is then controlled by each owner's individual
will or, in the absence of a valid
will, given to each owner's heirs according to the
intestacy laws.
The same method is applied to any other type of property that has its
ownership determined by which owner survives the other, such as joint bank
accounts. Also, if any decedent has
life insurance payable to another of the decedents, the policy will be
paid as though the insured decedent outlived the beneficiary.
