Inheriting From Parents Who Die in the Same Accident
Understanding the simultaneous death law.
My name is John Pankauski, I’m a probate lawyer with Pankauski Hauser in West Palm Beach.
Many times sadly, couples die in the same
accident, whether it is a vehicular accident, a bus accident, a boating accident or an airplane
that goes down and the question becomes who died first.
Many time forensic experts may or may not be able to tell who passed away first and that can often be important as that determines who is going to inherit and when somebody inherits.
So there is two things to remember.
If you inherit from somebody and they died simultaneously with somebody else and it’s uncertain who died first. Remember you should talk to somebody about these laws because who died first and may effect whether you inherit or how much you’ll inherit.
You can read Florida’s simultaneous death law, section 732.601 of the Florida Probate Code but also read the will or the trust. Those are the two things you want to read. The Probate Code and the will or the trust as the will or the trust might tell you who died first if there is an accident and it is not readily ascertainable who passed away first and who succeeded the other, even for split second.
My name is John Pankauski and the concludes my remarks about this important Florida Probate topic.