In a heart-wrenching turn of events during the 2024 holiday season, a Michigan family faced an unimaginable tragedy that would expose the complexities of modern estate planning. Scott Levitan, 66, described in media reports as an avid outdoorsman and teacher, fell through the ice while fishing with his grandson on December 26. The next day, while Scott lay on life support, his wife Mary Lou, also 66, was killed in a three-vehicle collision while retrieving his car. Scott would succumb to his injuries on New Year's Eve.
It's a tragic situation that forces families to deal with not only profound grief but also an intricate web of legal and financial challenges. The timing of their deaths – separated by just days – also raises critical questions about asset distribution, probate proceedings and family inheritance that demand immediate attention even as loved ones grapple with devastating loss.
The deaths of spouses in close succession trigger urgent questions that demand immediate answers amid profound grief: Who inherits first? If their mother’s will left everything to their father, but he died before her estate could be settled, whose heirs would inherit? Whose will takes precedence? How are assets distributed if both deaths occurred within days of each other? What happens if there is no will at all? What about probate? If they owned their home together, what happens to property rights when co-owners die so close together? What about business interests or digital assets? The legal complexities of such situations can compound family trauma and potentially lead to unintended consequences in asset distribution, especially if the couple's estate planning documents didn't adequately address such a possibility.
If spouses die together without an estate plan, what happens?
When married couples die within a short time of each other without proper estate planning documents, two key legal frameworks come into play sequentially:
First, the Uniform Simultaneous Death Act, if adopted by the state, determines whether the deaths should be treated as simultaneous or if one spouse legally survived the other. Under the Act, a person must survive another by at least 120 hours (five days) to be considered the survivor. If neither spouse survived the other by this minimum period, the law treats them as having died simultaneously.
Second, once survivorship is determined, state intestacy laws dictate how assets are distributed based on that determination:
If the deaths are treated as simultaneous under the Act:
- Each spouse's estate passes as if they had survived the other.
- Each spouse's assets go directly to their own intestate heirs (typically children, or if none, to other blood relatives according to state law).
- Jointly owned property is typically divided equally between the two estates.
If one spouse is deemed to have survived the other:
- The deceased spouse's estate may pass to the surviving spouse.
- When the surviving spouse then dies, both estates pass to that spouse's intestate heirs.
If a state has not adopted the Uniform Simultaneous Death Act, the determination of what constitutes a simultaneous death depends on that state's specific laws and common law principles. In states without the Act, several approaches may apply.
In states that follow traditional common law principles, there is no default survivorship period. Instead, the key question becomes whether there is sufficient evidence to establish that one person survived the other, even if only by minutes or seconds. This can lead to extensive litigation over medical evidence and exact time of death determinations.
Some states that haven't adopted the Act have enacted their own statutes that:
- Set different survivorship periods (shorter or longer than 120 hours).
- Establish specific rules for determining order of death.
- Create presumptions about survivorship in certain circumstances.
In jurisdictions with no statutory guidance or where common law principles prevail, courts may need to make case-by-case determinations about whether deaths were simultaneous or whether one person survived the other.
Do I need a survivorship provision in my estate plan?
Estate planning attorneys often recommend including explicit survivorship provisions in wills and trusts as part of a comprehensive estate plan, regardless of state law. These provisions can establish clear requirements that override whatever default rules might exist.
For example, if you and your spouse or another beneficiary die in close succession, your assets might have to go through probate twice – once for your estate and again for your beneficiary's estate. This creates unnecessary expenses, delays, a loss of control and administrative burdens for your family during an already difficult time.
Second, your assets might end up going to unintended beneficiaries. For instance, if you leave everything to your spouse and they survive you by just a day before passing away, your assets could ultimately go to their heirs rather than your children or other intended beneficiaries. This becomes particularly problematic in blended families where spouses have children from previous marriages.
As mentioned, without clear survivorship requirements, your estate might become entangled in costly litigation to determine exact times of death and inheritance rights.
That’s why wills often include survivorship clauses that stipulate beneficiaries must survive the testator (the person who created the will) by a specified number of days to inherit. These clauses typically range from five to 90 days. For example, a will might state, "A beneficiary must survive me by 30 days to receive any bequest under this will." Well-drafted wills and trusts typically include survivorship clauses that extend beyond the statutory period.
How common are closely timed spousal deaths?
Scenarios in which both spouses die at the same time or in close succession occur with surprising frequency across America. In a California case, a blended family faced similar circumstances a married couple died just hours apart after their vehicle was struck by a drunken driver. Their estate became entangled in litigation when questions arose about the precise time of each death – crucial information because their wills specified a 24-hour survivorship requirement. The resulting legal battle divided their children at the worst possible time.
When an elderly couple in Florida, married for 52 years, passed away within 48 hours of each other after contracting COVID-19, their case became a textbook example of how standard estate planning documents can fail to address the nuances of closely timed deaths. Despite having wills, their documents lacked clear survivorship provisions, leading to complicated probate proceedings that tied up their estate for nearly two years.
A complex case emerged in Texas when a married couple died three days apart following a catastrophic multi-vehicle accident. Their blended family – including three children from previous marriages and two together – spent 18 months in contentious court proceedings because their estate plan hadn't adequately addressed asset distribution in the event of simultaneous or closely timed deaths.
What estate planning documents are impacted by survivorship issues?
In addition to wills and trusts, other estate planning documents and considerations are crucial, especially when addressing potential simultaneous death, survivorship or incapacity scenarios:
- Trusts. Revocable living trusts and irrevocable trusts can include provisions for survivorship and simultaneous deaths and provide more flexibility in asset distribution.
- Powers of attorney. These documents can include provisions in the event of simultaneous incapacity.
- Advance directives. Health care proxies and living wills should address situations where both spouses are incapacitated or on life support simultaneously.
- Life insurance. Policies should be reviewed to ensure appropriate beneficiary designations and contingent beneficiaries.
- Retirement accounts. Beneficiary designations should be up to date and include contingent beneficiaries.
Conclusion
The holiday-season tragedy in Michigan serves as a somber reminder that the unthinkable can happen. When spouses die in close succession, the timing between deaths becomes critically important in determining how their assets will be distributed, with state laws and estate planning documents working together to establish whether the deaths should be treated as simultaneous or if one spouse legally survived the other. If one spouse is deemed to have survived the other, assets might pass through both estates sequentially, while simultaneous deaths typically result in each spouse's estate passing directly to their respective heirs – outcomes that can significantly impact distribution, especially in blended families or when complex assets are involved. The resolution of these issues often depends on whether the couple had comprehensive estate planning documents in place that specifically addressed closely timed deaths, as default state laws may produce unintended results that conflict with the couple's wishes.