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Topic: Simultaneous death

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	Maryland Estate Planning \| Intestacy \| Simultaneous Death
		Under those circumstances, people usually want everything to go to the spouse or, in the alternative, to be available to the spouse for his or her lifetime with the remainder to the children.
		The Uniform Simultaneous Death Act (1953) states that if "there is not sufficient evidence" of the order of the deaths then the beneficiary is deemed to predecease the benefactor.
		The essence of the case was whether both had died as a result of a Tylenol simultaneously and it was only the intervention by medical life and support systems that enabled one to "survive" the other.
	www.fredfranke.com /lecture03.htm (1831 words)

	Sudden Oak Death in California Management Guidelines--UC IPM
		Sudden oak death is the name given to an epidemic, first detected in 1995, that affects three true oak species—coast live oak (Quercus agrifolia), California fl oak (Q. kelloggii), and Shreve oak (Q. parvula var.
		Death of oaks and tanbark oaks in areas of California outside the ten reported counties does not appear to be caused by this new Phytophthora species.
		Based on field observations and laboratory cultures, mortality of oaks and tanbark oaks outside the infested areas appears to be a result of the normally expected causes, and oaks in these areas are not dying at a greater rate than previously observed.
	www.ipm.ucdavis.edu /PMG/PESTNOTES/pn7498.html (2804 words)

	SIMULTANEOUS DEATH (Site not responding. Last check: 2007-10-19)
		Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.
		Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed, one-half as if one had survived, and one-half as if the other had survived.
		Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
	members.aol.com /DKM1/20.Cp.85.html (331 words)

	Legislative Statute (Site not responding. Last check: 2007-10-19)
		Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in sections 30-121 to 30-128.
		Action for wrongful death requires that it be brought by the personal representative of the deceased for the exclusive benefit of the widow or widower and next of kin.
		His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
	statutes.unicam.state.ne.us /corpus/chapall/chap30.html (9850 words)

	The Tribune, Chandigarh, India - Health Tribune
		As a first consideration, it must be realised that there is no specific moment of death, or, putting it in another way, it may be stated that "death is the end of dying".
		During the ebbing of life there is a progression from clinical death to brain death, to biological death, to cellular death etc. Clinical death occurs when the body's vital functions — respiration and circulation — cease.
		On the second point, the court held that defining death should obviously be under the ambit of the medical profession as medical science formed the basis for the evaluation of the determinants of death and it was more so since medical science was subject to change and advancement.
	www.tribuneindia.com /2000/20000920/health.htm (2972 words)

	The Vermont Statutes Online
		Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.
		Where there is not sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived.
		Where the insured and the beneficiary in a policy of life or accident insurance have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
	www.leg.state.vt.us /statutes/fullchapter.cfm?Title=14&Chapter=047 (248 words)

	Pancreas-Kidney Transplantation: Journal Articles
		Simultaneous kidney-pancreas transplantation has become more common in recent years, accounting for 10.8% of cadaver donor transplantations in patients with type 1 diabetes in 1987 and 1988 and 54.7% in 1996.
		Simultaneous kidney-pancreas transplantation was performed infrequently in the oldest age group (n = 177), and survival of patients with SKPT and cadaver-only transplants appear similar.
		Wolfe et al1 recently reported that death rates per 100 patient-years were 19.9 for all patients with diabetes on dialysis therapy and 10.8 for patients with diabetes on the waiting list for kidney transplantation.
	www.pancreas-kidney.com /articles.html (2504 words)

	revrul66-60
		However, under section 3 of the Uniform Simultaneous Death Act, a presumption of survivorship in the wife is created with respect to half of the property held by the entirety.
		Inasmuch as the estate of the wife is entitled to a half interest in the property under the courts' construction of the Uniform Simultaneous Death Act, as discussed hereinafter, one-half of the value of the property held in tenancy by the entirety is includible in the wife's estate under section 2033 of the Code.
		The Simultaneous Death Act discards the idea of proving survivorship and proceeds on the presumption that each person is the survivor as to the property alloted sic to him and administers the estate accordingly.
	www.taxlinks.com /rulings/1966/revrul66-60.htm (791 words)

	TITLE 2: CHAPTER 13 - SIMULTANEOUS DEATH (Site not responding. Last check: 2007-10-19)
		Where the title to property or the devolution thereto depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this act.
		Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one‑half (1/2) as if one (1) had survived and one‑half (1/2) as if the other had survived.
		If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one (1) bears to the whole number of joint tenants.
	legisweb.state.wy.us /statutes/titles/title02/chapter13.htm (269 words)

	[No title] (Site not responding. Last check: 2007-10-19)
		(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
		(5) An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which he [or she] has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead.
		His [or her] death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
	www.law.upenn.edu /library/ulc/usda/1991FinalAct.txt (1861 words)

	South Carolina Judicial Department - Opinions
		Although the court found the Blankenships did not die simultaneously or within a short time of each other, the court held that the conditional clause was not important in the interpretation of the intent of the testator to disinherit Harrell.
		To the contrary, that the will contemplates death of the surviving spouse very close in time to the other spouse indicates that the Blankenships considered the contingency of one spouse's surviving the other yet chose to do nothing about it unless their deaths were nearly simultaneous.
		The provision disinheriting Harrell is in the same paragraph as the alternate disposition to the children in the event of a simultaneous death.
	www.judicial.state.sc.us /opinions/displayOpinion.cfm?caseNo=3002 (1587 words)

	Twins and Sudden Infant Death Syndrome
		SIDS is defined as the sudden death of an infant under one year of age that remains unexplained after a thorough investigation, including a complete autopsy, examination of the death scene, and review of the clinical history (Holcher 11).
		He also examined the time span of the deaths, and found that in 9 of the 17 cases, the co-twins died on the same day, while the remaining 6 died within one month of their twin (Spiers 5).
		During the first case the death of the twins resulted in an atmosphere of intense suspicion of the parents that was verbalized by members of the medical community and other person who were unaware of this medical phenomenon.
	sids-network.org /fp/wood_marla10.htm (1921 words)

	Buser Brothers Estate Planning
		Simultaneous deaths of husbands and wives are neither rare nor unique to airline crashes.
		The decedent provides for a portion of his or her estate to be placed in an irrevocable bypass trust, equal to the applicable exclusion amount for the year of death.
		At the surviving spouse's death, the children receive the property from both trusts, but the property in the bypass trust is not included in the surviving spouse's gross estate for death tax purposes.
	www.buserbros.com /estate_planning.htm (2418 words)

	11-02 Trusts and estates section newsletter
		Sam's death certificate listed the time of his death as 3:26 p.m., the time at which his body was discovered; Carol's certificate read 3:28 p.m., for the same reason.
		The administrator of Carol's estate contended that the trial court erred in denying her petition for rehearing where there was insufficient evidence to find that the deaths of Sam and Carol were not simultaneous under section 3-1, and where the court had previously determined that section 3-1 applied to Carol's estate.
		Furthermore, she argued that the trial court erred in denying her petition to vacate the order declaring heirship in the father's estate because there was insufficient evidence to find that the deaths of the father and the daughter were not simultaneous under section 3-1.
	www.illinoisbar.org /Sections/TrustsEstates/11-02c.htm (3572 words)

	Wills and Trusts
		A presumption-of-death provision of this type is designed to override the Uniform Simultaneous Death Act, which provides that, in instances where the order of death cannot be determined, the testator is deemed to survive the beneficiary.
		Before an order-of-death survivorship presumption or simultaneous death provision is inserted into a will, full consideration should be given, not only to the estate tax consequences, but also to all other relevant estate settlement charges that may be affected by the provision (such as state death taxes, probate costs, etc.).
		Usefulness of the trust for marital deduction purposes stems from the marital deduction philosophy that any property that is deducted from the gross estate of the first spouse to die must be transferred in a manner requiring inclusion in the estate of the surviving spouse unless he or she has already disposed of it.
	www.esecret.net /financialplanning/WillsandTrusts.htm (6501 words)

	In Re: Estate of Irene D. Blankenship, (Site not responding. Last check: 2007-10-19)
		Although the court found the Blankenships did not die simultaneously or within a short time of each other, the court held that the conditional clause was not important in the interpretation of the intent of the testator to disinherit Harrell.
		To the contrary, that the will contemplates death of the surviving spouse very close in time to the other spouse indicates that the Blankenships considered the contingency of one spouse's surviving the other yet chose to do nothing about it unless their deaths were nearly simultaneous.
		The provision disinheriting Harrell is in the same paragraph as the alternate disposition to the children in the event of a simultaneous death.
	www.law.sc.edu /ctapp/3002.htm (1576 words)

	Browse Caselaw
		The court therefore applied the Simultaneous Death Act, and ruled that Scudder's property passed to the appellees by intestacy.
		Before deciding whether the trial court properly applied the Simultaneous Death Act pursuant to the appellees' motion for summary judgment, we must review both certain principles applicable to motions for summary judgment and the evidence presented to the court concerning the murders of Scudder and Odum.
		On a motion for summary judgment, regardless of which party has the burden of proof at trial, the burden is on the party moving for summary judgment to show that there is no genuine issue of material fact, and all evidence adduced on the motion is to be construed most strongly against the movant.
	www.lawskills.com /case/ga/id/6403 (2919 words)

	revrul77-48
		The relinquishment or termination of a power to change the beneficiaries of transferred property, occurring otherwise than by the death of the donor (the statute being confined to transfers by living donors), is regarded as the event which completes the gift and causes the tax to apply.
		Accordingly, at B's death A made a completed transfer of property within the meaning of section 2511 of the Code that is subject to the Federal gift tax under section 2501.
		At the death of B, the proceeds of the insurance policy on the life of B passed to the trust that B established.
	www.taxlinks.com /rulings/1977/revrul77-48.htm (1574 words)

	CHAPTER 7. SIMULTANEOUS DEATH (Site not responding. Last check: 2007-10-19)
		Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if each person had survived, except as otherwise provided in this chapter.
		Where there is no sufficient evidence that 2 joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if 1 had survived and one half as if the other had survived.
		If there are more than 2 joint tenants and all of them have so died, the property thus distributed shall be in the proportion that 1 bears to the whole number of joint tenants.
	www.delcode.state.de.us /title12/c007 (324 words)

	Bob Bruss Real Estate Center
		In the event of simultaneous death of all the joint tenants, such as in a plane crash, the will of each deceased joint tenant determines who receives their share of the property.
		Shortly before her death, the wife secretly conveyed by a quitclaim deed her joint-tenancy share to herself as a tenant in common.
		When all joint tenants die at the same time and the order of death cannot be determined, such as in a plane crash, the share of each deceased joint tenant then passes according to his/her written will (or by the state law of intestate succession if no will is found).
	jointtenancy.bobbruss.com (1265 words)

	Overview of concurrent estates
		A form of co-ownership where each tenant owns an undivided interest in the whole estate, and upon the death of one joint tenant, the survivor(s) own the whole property pursuant to the right of survivorship, and nothing passes to the heirs of the decedent.
		Simultaneous death of the co-tenants (Uniform Simultaneous Death Act) results in equal distribution of the property.
		There is no right of survivorship – upon the death intestate of a tenant in common, the decedent tenant's interest descends to the decedent's heirs.
	www.wvu.edu /~lawfac/cchin/Overview.html (788 words)

	The main risk factors associated with fetal death were lack of antenatal care and small for gestational age. (Site not responding. Last check: 2007-10-19)
		Non-trauma age-standardised death rates in Dublin decreased by about 5·7% in the 72 months after the ban compared with the same period before, after adjustment for population changes, weather, respiratory epidemics, and secular changes in death rates in the rest of Ireland.
		In an analysis of daily death and air pollution from western European countries, Katsouyanni and colleagues2 reported an increase of 2·9% (95% CI 2·1--3·7) associated with every 50 g/m3 increase in 24 h fl smoke concentration and 2·9% (2·3--3·5) for the same change in sulphur dioxide.
		In art, for instance, the theme of death dominated: in the paintings and woodcuts of the age, we find ourselves gazing at the figure of death arriving uninvited at feasts and lovers' trysts, the dance of death, the decay of corpses.
	www.clickerado.com /d/death/age.htm (2572 words)

	FF: Simultaneous Combat
		Simultaneous Combat is an alternative to the combat system found in the original Fudge rules.
		Simultaneous Combat was created to be used by GMs who like combat that plays through quickly, and yet provides satisfying results.
		It's designed to be used with simultaneous combat rounds, where combatants match up and attack each other at the same time.
	www.fudgefactor.org /2001/10/01/simultaneous_combat.html (4571 words)

	AAP Recommends Additional Procedures in Determining Cause of Sudden Infant Death
		Sudden Infant Death Syndrome, also called crib or cot death, is the sudden, unexplained death of an infant under 1 year of age.
		These include the infant's age at 6 months or older, previous unexpected or unexplained deaths of one or more siblings, simultaneous or nearly simultaneous death of twins, and/or discovery of blood on the infant's nose or mouth.
		A prompt death scene investigation where the infant was found lifeless, including careful interviews of household members by knowledgeable individuals (potentially including a pediatrician).
	www.aap.org /advocacy/archives/febsids.htm (505 words)

	Auschwitz - The Death Camp
		Auschwitz, or Auschwitz-Birkenau, is the best-known of all the Nazi death camps, and has come to symbolize the Holocaust itself.
		As the prisoners weakened from disease, or the starvation rations, or overwork, they were selected to be taken to the gas chambers for a more "humane" death.
		Indicates that it was important to the Auschwitz camp staff to be able to conduct "special treatment" at the same time the corpses from a previous gassing were being cremated.
	www.holocaust-history.org /auschwitz (1081 words)

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