Uniform Simultaneous Death Act

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Definition of 'Uniform Simultaneous Death Act'

The Uniform Simultaneous Death Act (USDA) is a model law that has been adopted by most states in the United States. The purpose of the USDA is to provide a clear and consistent set of rules for determining who inherits property when two or more people die at the same time.

The USDA does not define what it means for two people to die at the same time. Instead, it leaves it up to the courts to decide on a case-by-case basis. However, the USDA does provide some guidance on how to make this determination. For example, the USDA states that if two people die in a common accident, it will be presumed that they died at the same time.

The USDA also provides rules for determining who inherits property when two people die at the same time. If one of the people has a will, the will will be used to determine who inherits the property. However, if neither of the people has a will, the USDA provides a set of default rules that will be used to determine who inherits the property.

The USDA's default rules are based on the concept of "spousal and child survivorship." Under these rules, the surviving spouse will inherit all of the property of the deceased spouse, unless there are any children. If there are children, the surviving spouse will inherit one-half of the property and the children will inherit the other half.

The USDA also provides a number of exceptions to its default rules. For example, if the deceased person has a child who is not the surviving spouse's child, the surviving spouse will not inherit any of the deceased person's property. Additionally, the USDA allows for a person to make a will that specifically provides for what should happen to their property if they die at the same time as another person.

The USDA is a complex law, and there are many exceptions to its rules. If you are concerned about what will happen to your property if you die at the same time as someone else, you should consult with an attorney.

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