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The Uniform Simultaneous Death Act is a uniform act enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance.. The Act specifies that, if two or more people die within 120 hours of one another, and no will or other document provides for this situation explicitly, each is considered to have predeceased the others.
Simultaneous death is a problem of inheritance which occurs when two people (sometimes referred to as commorientes) die at, or very near, the same time, and at least one of them is entitled to part or all of the other's estate on their death.
A survivorship clause in a will or trust stipulates that beneficiaries can only inherit if they live a certain number of days after the person who made the will or trust dies. These clauses aim to ...
Many people believe that rights of survivorship are automatic when they first open a joint account. However, while some joint accounts do specify JTWROS out of the gate, others will only have it ...
The elective share is the modern version of the English common law concepts of dower and curtesy, both of which reserved certain portions of a decedent's estate which were reserved for the surviving spouse to prevent them from falling into poverty and becoming a burden on the community.
An enacting clause may be preceded by an explanatory preamble of "whereas" clauses, e.g. for the Chequers Estate Act 1917. [65] Until the 19th century each later section of an act repeated an abbreviated version of the formula used in the first section, typically "and be it further enacted by the authority aforesaid".
At common law, lapse occurs when the beneficiary or the devisee under the will predeceases the testator, invalidating the gift.The gift would instead revert to the residuary estate or be granted under the law of intestate succession.
The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it carries with it right to enjoy certain benefits of ownership of the property, chiefly income derived from rent or other uses of the property and the right of occupation, during his or her possession.