Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
When two people die simultaneously in New York, what happens to their estate? The first thing to check is the will – if just might tell you exactly what happens! For example, the will might state that a person can inherit even if he or she died simultaneously with the testator, or the opposite – that even surviving the testator by more then 120 hours will not help.
If there is no will, or the will does not deal with survivorship, New York Estates Powers and Trust Law will govern. According to the EPTL, if two people died simultaneously, they are assumed to die before one another unless proven otherwise.
The simultaneous death issue usually comes up when two people either died simultaneously or it is impossible to determine who died first, such as where there’s only about a five-minute window between their deaths. If it can be proven that they did not in fact die simultaneously, but one outlived another by at least 120 hours, then that’s not simultaneous death.
It is always better to address this situation before it comes up. You might not want the simultaneous death statute to apply to your situation. Speak to your estate planning attorney before drafting the will or another inheritance document, such as a beneficiary designation on a bank account.
People’s life situations can be strikingly different. Divorced individuals might want to consider putting a long survivorship period into the will, to avoid the child’s other parent getting the money after the child’s death. People who frequently travel together are ones who should be especially careful with this will provision.
If you find yourself in one of the above life situations, call the Law Offices of Albert Goodwin at (212) 233-1233 and schedule a consultation to discuss your estate plan.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
