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524.2-702 REQUIREMENT OF SURVIVAL FOR 120 HOURS FOR DEVISEES,
BENEFICIARIES OF CERTAIN TRUSTS, AND APPOINTEES OF CERTAIN POWERS
OF APPOINTMENT; SIMULTANEOUS DEATH ACT FOR OTHER CASES.
(a) Requirement of survival for 120 hours. A beneficiary of a trust in which the grantor
has reserved a power to alter, amend, revoke, or terminate the provisions of the trust who fails to
survive the grantor by 120 hours, a devisee who fails to survive the testator by 120 hours, or an
appointee of a power of appointment taking effect at the death of the holder of the power who
fails to survive the holder of the power by 120 hours is deemed to have predeceased the grantor,
testator, or holder of the power for purposes of determining title to property passing by the trust
instrument, by the testator's will, or by the exercise of the power of appointment.
(b)(1) Title to property in other cases. In cases not governed by section 524.2-104 or
paragraph (a), 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 paragraph.
(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.
(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.
(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.
(c) Not retroactive. This section does not apply to the distribution of the property of a
person who has died before it takes effect. Paragraph (a) applies only to persons who die on or
after August 1, 1999.
(d) Application. This section does not apply in the case of wills, trusts, deeds, contracts of
insurance, or documents exercising powers of appointment wherein provision has been made
for distribution of property different from the provisions of this section. Paragraph (a) does
not apply to trusts which are part of a qualified or nonqualified retirement plan or individual
retirement accounts.
History: 1943 c 248 s 1-7; 1986 c 444; 1994 c 472 s 63; 1999 c 171 s 2

Official Publication of the State of Minnesota
Revisor of Statutes