A version of the Uniform Simultaneous Death Act is Florida’s Simultaneous Death Law, which is found in Florida Statute § 732.601. The Simultaneous Death Law is triggered when two or more people die and there is insufficient evidence concerning when certain individuals have died other than simultaneously. This situation is common in fatal accidents where it is not readily known which individual died first. This law can be important when it comes to figuring out the ownership of joint accounts, which passes to the survivor. HOWEVER, who may be considered the survivor? Therefore, determining the correct beneficiary of a life insurance policy, or who takes under a Last Will and Testament may be difficult unless a legal formula is used.
This law only takes effect when the couple’s Last Wills are silent as to which spouse is presumed to have survived the other, or when the spouses die without an estate plan or Will. Under Florida Statute 732.601(1), “[w]hen title to property or its devolution depends on the priority of death and there is insufficient evidence that the persons have died other than simultaneously, the property of each person shall be disposed of as if that person survived.”
The foregoing statute also contemplates when two or more beneficiaries are designated to take successively by reason of survivorship, disposition of property held by joint tenants or tenants by the entirety, and insurance policies where the insured and beneficiary both die and there is insufficient evidence that they died otherwise than simultaneously. Consequently, the practical effect of Florida Statute 732.601 is that when two people die and their order of death cannot be readily determined, each person’s property will be treated as if they outlived the other. In other words, if a mother has her son as the primary beneficiary of a life insurance policy and her sister as the contingent beneficiary, and both mother and son perish in a plane crash with no evidence as to order of death, then the policy would be payable to the sister as a contingent beneficiary.
In a probate proceeding, this distinction is particularly important, as contingent beneficiaries may have rights of which they are unaware due to the Simultaneous Death Law. The language contained in a Last Will and Testament, or Trust or policy of insurance can provide differently by their respective terms, but in case of a Simultaneous Death, it may be to one’s advantage to speak to a Florida probate attorney regarding the facts.
Now, what happens to the estates of two spouses who die in close in time to one another? For that matter, what happens if a married couple is killed simultaneously–such as in a car or plane accident–and it is impossible to determine who died first? The answer to these questions depends on Florida law and the terms of each spouse’s individual estate plan documents.
Absent a specific provision in a person’s estate plan or other “governing instrument,” Florida law directs that when “there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.” What that means is that if a person and their spouse die at the same time, then each is presumed to have survived the other for purposes of their respective estate plans.
The foregoing may sound like a contradiction, but it makes sense if one seriously thinks about it in practical terms. For instance, an individual and their spouse each have a Last Will which leaves their entire estate to the other spouse. Under Florida’s simultaneous death rule, each of their respective estates assumes the other spouse died first, therefore, the estates would then go to the alternate beneficiaries, such as children. Absent this rule, each spouse’s estate would go to other spouse’s estate–effectively creating a legal paradox.
The simultaneous death rule also applies to life insurance policies, which means if a person takes out a policy on their own life and their spouse is the named beneficiary, in case of a simultaneous death the spouse is presumed to have died before the subject person. The policy benefits would then go to the alternate or contingent beneficiary named. If no alternate beneficiary is named, then the proceeds go to the estate of the insured.
There are also situations where one may want to impose a “survivorship” requirement on a beneficiary to your estate, including the spouse or another family member. As an example, the Last Will might include language which says no beneficiary may receive a bequest unless they survive you by 30, 60 or 90 days. Again, the reason for this language is to avoid potential issues with multiple estates administering the same property.
Some states impose automatic survivorship periods, typically 120 hours (or 5 days) on all heirs and beneficiaries. Florida does not have such a rule. However, one is still free to require a survivorship period in the Last Will or Trust if they desire, although it should typically not last more than 60 days.
When preparing an estate plan, one can work around the Uniform Simultaneous Death Act if they do not care for the result following its provisions. Consequently, the Last Wills can stipulate that, in case of a simultaneous death, only one of the of the spouses is considered or deemed to have survived the other.
It is important to collaborate with an attorney who understands all aspects of Florida law. Consequently, the form of joint ownership and terms in estate planning documents used will be critical to determining who will benefit in the case of a simultaneous death.
If you should have any additional questions or would like to discuss your situation, concerns, and needs, please call an Attorney at CASERTA & SPIRITI.