IANAL, and maybe one will weigh in, but …
ISTM that everything will ride on the Will, possible expert testimony, and the decisions made by a Probate Court Judge.
This part of the article:
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.
To me … says that you can say that – if we die within 30 or 90 days of each other – we’d like the Probate Court to treat our deaths as if they were simultaneous.
So … if that’s in the Will … and if the Judge decides that it’s valid and controlling … it seems that the estate of each will go to the beneficiaries designated by each.
The 120hr law seems like it applies barring any other expressed wishes (or a valid Will – Intestacy) by the decedents, though it only seems like a stricter standard than a theoretical 30/90 day standard expressed in a Will.
IOW, how far apart their deaths occurred matters, but the ‘cutoff line’ for when they don’t leave their estates to one another may be 120 hours, 30 days, 90 days, or another time frame explicated in the Will.
But this could easily become a classic ‘battle of the experts’ with no end of forensic pathologists and medical examiners arguing about the actual time of death … unless … there is a (longer than 120hr) 30 or 90 day clause in the Will, it is deemed to be valid by the Probate Court Judge, and there’s no argument that both deaths fell within that time period.
Anybody want to check my homework for me??