When we think about estate planning, we often focus on the big milestones: marriage, retirement, the birth of children or grandchildren. But life rarely follows a perfect script, and sometimes tragedy strikes in ways we can’t predict.
The recent passing of acclaimed actor Gene Hackman and his wife, Betsy Arakawa, just days apart, offers a sobering reminder of a lesser-known, but critically important, issue in estate planning: what happens when spouses die in close succession?
At first glance, it may seem like a rare scenario. But in our decades of experience helping New York families protect their assets and legacies, we know that real life is unpredictable.
That’s why understanding how simultaneous or near-simultaneous death impacts your estate plan isn’t just important, it’s essential.
Why the Order of Death Can Change Everything
In traditional estate plans, when one spouse passes, their assets typically go to the surviving spouse, unless directed otherwise in legal documents. But when the second spouse dies shortly after, it’s the second spouse’s estate plan that determines what happens to everything. That can create a domino effect, unintentionally disinheriting people the first spouse may have wanted to include, like children from a previous marriage, siblings, or charities.
Let’s say Betsy Arakawa’s estate passed to Gene Hackman upon her death, and he passed away a week later. If Hackman’s estate plan didn’t account for her individual wishes, there’s a chance her intended heirs could be left out entirely.
The Role of Simultaneous Death Clauses
To avoid this kind of confusion and unintended consequences, we use a legal safeguard called a Simultaneous Death Clause.
This clause allows both spouses to be treated as if they died at the same time if they pass away within a set window (often 30 days). This means their individual estate plans will guide what happens to their respective assets, ensuring each spouse’s intentions are honored, regardless of who passed first.
In New York, the Uniform Simultaneous Death Act provides a 120-hour (5-day) rule by default. If two people die within that period and there’s no direction otherwise, they are considered to have died simultaneously. However, in Hackman and Arakawa’s case, the 7-day gap between their deaths would bypass this rule—highlighting why customizing your plan with your attorney is critical.
Why We Include a Survivorship Clause in Every Plan
At the Estate Planning Law Center, we go further. We include a 30-day Survivorship Clause in our standard plans. This means that for someone to inherit under your plan, they must outlive you by at least 30 days. If they don’t, the assets pass directly to your contingent beneficiaries, preventing assets from bouncing between estates and ending up in the wrong hands.
This protects not only your legacy but also your loved ones from unnecessary legal complications, taxes, or delays in probate.
What You Can Do Right Now
If you’re reading this and wondering, Does my current estate plan account for this?, here are a few things to consider:
Key Takeaways:
- The order of death matters: Without safeguards, the second spouse’s estate plan could override the first.
- Simultaneous Death Clauses help ensure each spouse’s wishes are respected, especially during unexpected events.
- Survivorship Clauses prevent assets from unintentionally transferring between estates.
- Estate plans should evolve with your life circumstances, laws, and goals.
Peace of Mind Starts with Preparation: Estate Planning Law Center Can Help!
Gene Hackman and Betsy Arakawa were deeply private people. While we can only speculate on their estate plans, their situation shines a light on how even the most loving families can encounter unintended outcomes without thoughtful planning.
Your estate plan is more than a set of documents, it’s a blueprint for how your values, care, and love continue forward. It should be built to withstand uncertainty. That’s what we do every day at the Estate Planning Law Center.
If you’re unsure whether your plan includes Simultaneous Death or Survivorship Clauses, or if you just want a second opinion, we invite you to attend one of our free educational workshops. We’ll help you gain clarity and confidence in your estate plan, no matter what the future holds.
Register for a Free Workshop or call us at (315) 793-3622 to schedule a consultation.
