Flashcards in Subsidiary Problems Common to Intestacy and Wills Deck (4)
USDA-Uniform Simultaneous Death Act
When disposition of property depends on the order of death and order cannot be established, the property of each decedent is disposed of as if he had survived the other.
*only applies if no sufficient evidence of survival
Revised USDA-120 Hour Rule
Many states and UPC require that a person survive the decedent by 120 hours in order to take any distribution of the decedent's property.
decedent's death caused by heir or beneficiary
-In nearly all states, one who feloniously and intentionally brings about the death of a decedent forfeits any interest in the decedent's estate.
-Property passes as though killer predeceased the victim
-Conviction of murder is conclusive evidence; if no conviction, the court must find killing was unlawful or intentional by a preponderance of the evidence