1998 Minnesota Statutes

     524.2-702 Uniform Simultaneous Death Act.  

    Subdivision 1.    Title.  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 the person had survived, except as provided 
 otherwise in this section.  

    Subd. 2.    Division of property.  Where two or more 
 beneficiaries are designated to take successively by reason of 
 survivorship under another person's disposition of property and 
 there is no sufficient evidence that these beneficiaries have 
 died otherwise than simultaneously the property thus disposed of 
 shall be divided into as many equal portions as there are 
 successive beneficiaries and these portions shall be distributed 
 respectively to those who would have taken in the event that 
 each designated beneficiary had survived.  

    Subd. 3.    Division of property.  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.  If there are more than 
 two joint tenants and all of them have so died the property thus 
 distributed shall be in the proportion that one bears to the 
 whole number of joint tenants.  

    Subd. 4.    Division of property.  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.  

    Subd. 5.    Not retroactive.  This section shall not 
 apply to the distribution of the property of a person who has 
 died before it takes effect.  

    Subd. 6.    Application.  This section shall not apply 
 in the case of wills, living trusts, deeds, or contracts of 
 insurance wherein provision has been made for distribution of 
 property different from the provisions of this section.  

    Subd. 7.    Citation.  This section may be cited as the 
 Uniform Simultaneous Death Act.  

    HIST: 1943 c 248 s 1-7; 1986 c 444; 1994 c 472 s 63