Nrs: Chapter 135 - Simultaneous Death (Uniform Act)

Link to law: https://www.leg.state.nv.us/NRS/NRS-135.html
Published: 2015

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[Rev. 2/10/2015 4:21:17

PM--2014R2]

CHAPTER 135 - SIMULTANEOUS DEATH (UNIFORM

ACT)

NRS 135.010           Short

title.

NRS 135.020           Insufficient

evidence of survivorship.

NRS 135.030           Beneficiaries

of another person’s disposition of property.

NRS 135.040           Joint

tenants or spouses holding title to community property with right of

survivorship.

NRS 135.050           Insurance

policies.

NRS 135.060           Community

property.

NRS 135.080           Chapter

does not apply if decedent provides otherwise.

NRS 135.090           Uniformity

of interpretation.

_________

 

      NRS 135.010  Short title.  This

chapter may be cited as the Uniform Simultaneous Death Act.

      [9:44:1949; 1943 NCL § 9885.09]

      NRS 135.020  Insufficient evidence of survivorship.  Where

the title to property or the devolution thereof depends upon priority of death

and there is insufficient evidence that the persons died otherwise than

simultaneously, the property of each person must be disposed of as if that

person had survived, except as provided otherwise in this chapter.

      [1:44:1949; 1943 NCL § 9885.01]—(NRS A 1999, 2261)

      NRS 135.030  Beneficiaries of another person’s disposition 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 insufficient evidence that these

beneficiaries died otherwise than simultaneously, the property thus disposed of

must be divided into as many equal portions as there are successive

beneficiaries and these portions must be distributed respectively to those who

would have taken in the event that each designated beneficiary had survived.

      [2:44:1949; 1943 NCL § 9885.02]—(NRS A 1999, 2261)

      NRS 135.040  Joint tenants or spouses holding title to community property

with right of survivorship.  Where

there is insufficient evidence that two joint tenants or spouses holding title

to community property with right of survivorship died otherwise than simultaneously,

the property so held must 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 must be in the

proportion that one bears to the whole number of joint tenants.

      [3:44:1949; 1943 NCL § 9885.03]—(NRS A 1999, 2261)

      NRS 135.050  Insurance policies.  Where

the insured and the beneficiary in a policy of life or accident insurance have

died and there is insufficient evidence that they died otherwise than

simultaneously, the proceeds of the policy must be distributed as if the

insured had survived the beneficiary.

      [4:44:1949; 1943 NCL § 9885.04]—(NRS A 1999, 2262)

      NRS 135.060  Community property.  Except

as otherwise provided in NRS 135.050 or in a

premarital agreement between spouses which is enforceable pursuant to chapter 123A of NRS, where both spouses have

died, leaving community property, and there is insufficient evidence that they

died otherwise than simultaneously, one-half of all the community property must

be distributed as if one spouse had survived and the other one-half thereof

must be distributed as if the other spouse had survived.

      [5:44:1949; 1943 NCL § 9885.05]—(NRS A 1989, 1009; 1999, 2262)

      NRS 135.080  Chapter does not apply if decedent provides otherwise.  This chapter does not apply in the case of

wills, living trusts, deeds, or contracts in which provision has been made for

distribution of property different from the provisions of this chapter.

      [7:44:1949; 1943 NCL § 9885.07]—(NRS A 1999, 2262)

      NRS 135.090  Uniformity of interpretation.  This

chapter shall be so construed and interpreted as to effectuate its general

purpose to make uniform the law in those states which enact it.

      [8:44:1949; 1943 NCL § 9885.08]