Simultaneous Death and Inheritance

For the most part, a will or trust assumes that only the benefactor will pass away. However, in tragic circumstances or due to unexpected health problems, a beneficiary may also die soon before or after the testament’s benefactor. In these instances, the approximately simultaneous death of both the individual providing the inheritance and the heir can create legal confusion if not properly worked out. In the state of Texas, there are specific laws regarding simultaneous death and how it applies in several different situations.

If you are planning ahead for the future of your estate, there may be some unforeseeable events that can be addressed in advance. To learn more about how you can create an estate plan that will hold up against unusual developments, contact the Houston wills and trusts lawyers of Garg & Associates, P.C., at 281-362-2865 today.

120 Hour Rule

Different states apply different regulations to cover detailed problems in probate law. In the state of Texas, simultaneous death is generally defined as any time in which two parties die within 120 hours of each other. This can affect a variety of circumstances, including the following:

  • A married couple dying together
  • Simultaneous death of joint owners of property
  • Life insurance policy holders and beneficiaries
  • Will and trust benefactor and beneficiary

In terms of a will or trust, simultaneous death often is treated as if the beneficiary died prior to the creator of the testament. This means that a simultaneous death will result in that heir’s proposed inheritance passing on through the testament or into the probate system.

Contact Us

Although often overlooked initially, planning for the unexpected is a major part of putting together a testament that will truly serve to recognize your wishes. Working with a knowledgeable and experienced attorney can help to give you much more than simply peace of mind. For more information regarding your options when planning for the future of your estate, contact the Houston wills and trusts attorneys of Garg & Associates, P.C., by calling 281-362-2865.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.