The decedent and her only child were involved in a plane crash. Neither was alive when the emergency team reached them. The child, who died without a will, is survived by a spouse. The decedent is survived by only a brother. The decedent left a sizeable intestate estate and a life insurance policy naming the child the sole beneficiary. Who will share in the decedent’s estate, and who will take the insurance proceeds?

In California, a person who fails to survive a decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession, and the heirs are determined accordingly. However, for all other purposes in which the right of a person to succeed to a property interest is conditional upon surviving another (e.g., property passing by will, joint tenancy property, life insurance proceeds), if there is clear and convincing evidence that the person survived the decedent by even a short time, the person succeeds to the property. Here, the decedent was dead when help arrived, and the child survived until after she arrived at the hospital. Having survived the decedent, the child will take the insurance proceeds. Since the child died intestate, her spouse will take the proceeds through her estate. However, since the child did not survive the decedent by 120 hours, she is deemed to have predeceased the decedent for purposes of intestate succession. Thus, the decedent's brother is her only heir and will inherit her estate.