http://www.pozew.org Money, loans, mortgages, stocks Mon, 29 Mar 2010 10:01:59 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 http://www.pozew.org/simultaneous-death/ http://www.pozew.org/simultaneous-death/#comments Mon, 13 Jul 2009 18:50:49 +0000 admin http://www.pozew.org/?p=31 The will may provide that testator’s spouse shall be presumed to have survived the testator if both should die in a common disaster under circumstances that make it uncertain who died first. If the will does not contain such a simultaneous death clause, Oklahoma’s statute (Title 58, Oklahoma Statutes Annotated, Section 1001) directs that in event of such common disaster causing the simultaneous death of both husband and wife, it shall be ruled by the court that neither spouse shall have survived the other. The estate of each then would pass to his or her respective heirs or in accordance with their respective wills. The statute would disqualify the marital deduction savings on federal estate taxes if this provision is not included.

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