The Simultaneous Death Act and the Estate of Gene Hackman and Wife

This blog has been updated to reflect the initial findings of the police investigation

On February 26, police found Academy Award-winning actor Gene Hackman (age 95) and his wife Betsy Arakawa (age 64) dead in their Santa Fe home. Officers came to the home responding to a neighbor’s request for a welfare check and discovered the couple and their dog were deceased.

Hackman was a legendary actor with such screen credits as Superman, the Royal Tenenbaums, Hoosiers, and Welcome to Mooseport. He won Oscars for The French Connection (Best Actor) and Unforgiven (Best Supporting Actor). He met Arakawa in California, and they married in 1991. They left Los Angeles for Santa Fe, New Mexico.

Hackman was found in their mudroom; Arakawa was found near a space heater in a bathroom with open prescription bottles around her. According to investigators, Arakawa died of a rare disease, while Hackman died of causes related to cardiovascular illness. Hackman may have been alive for several days after his wife passed away. Hackman's fans and admirers, of which there are many, have mourned the loss of the great actor.

The reason we're writing about it at FindLaw is because the timing of the deaths of spouses can be critical in estate law and for determining inheritance rights.

Why Time of Death Is Important

Hackman has three children from a prior marriage. Arakawa does not have children.

Often, married couples with wills leave each other their entire estate.

Since the Santa Fe County Sheriff’s Office determined that Arakawa died first, her estate would be probated first, presumably benefiting Hackman. If Hackman had died first, his estate presumably would go to her, with the potential to leave out his children.

If they died without wills, called ‘dying intestate,’ state inheritance laws apply. Under New Mexico law, if Hackman died first without a will, his wife would receive one-half of community property and one-fourth of separate property, with his children inheriting the remaining separate property.

However, if police had determined they died at the same time or within a short time of each other, the Simultaneous Death Act comes into play.

What Is the Simultaneous Death Act?

The Simultaneous Death Act is a law adopted in many states that determines how to distribute an estate where two people die at the same time or within a short time of each other. Under New Mexico law, if two people died within 120 hours of each other, it is presumed they died simultaneously. This means the estate is administered as if the deceased survived their beneficiary. The purpose is to administer estates efficiently and avoid court battles to determine who died first.

An example is a life insurance policy. Suppose a husband has a life insurance policy and names his wife as the primary beneficiary and his two children as contingent beneficiaries. If he and his wife die simultaneously (or within 120 hours) of each other, the insurance company treats it as if the wife predeceased the husband. The children receive the life insurance proceeds as a result. It would make little sense for the proceeds to go to the wife’s estate to be probated and then given to the children.

How Does the Simultaneous Death Act Affect Hackman and Arakawa Estates?

Typically, wills include a standard simultaneous death clause mirroring the state statute. However, Hackman and his wife may have wills dictating what should happen if they die simultaneously or if their order of death cannot be determined. For example, they could stipulate that the time period extend to 30 or 90 days.

If the New Mexico statute applies and police determine they died within 120 hours of one another, then each spouse’s estate will go to the remaining beneficiaries but not their spouse. Hackman’s estate will go to his beneficiaries but not his wife. Arakawa’s estate will go to her beneficiaries but not her husband.

What Happens When There Is Foul Play?

As initial reports surfaced, there was some question as to whether there could have been foul play. There is a law known as the ‘slayer statute’ that prohibits someone from inheriting property or assets from their victim if they intentionally killed them. This statute is to prevent someone from profiting from the death of another.

Therefore, if the authorities determine one spouse died after the statutory 120 hours but caused their partner’s death, they could not inherit.

Thankfully, that was not the case here. Still, time of death creates many twists and turns in inheritance rights. Probate lawyers help manage an estate when someone dies and can handle tricky situations such as the order of death.

Related Resources

• Wills (FindLaw Learn About The Law)
• Best Probate & Estate Administration Lawyers Near Me (FindLaw Attorney Directory)
• What Taylor Swift Gets Wrong About Inheritance and Estate Planning in “Anti-Hero” (FindLaw Law and Daily Life Blog)