Who inherits if 2 spouses die together?

My wife and I have no children and will likely leave a small estate upon death. We had Wills drawn up 24 years ago with the usual per stirpes clause and have never updated them. I presume that all assets become the property of the surviving spouse in the event that one of dies before the other, but what happens if we die in a plane crash or the like? My wife has 2 siblings and together we have 7 nieces and nephews.

Asked on March 25, 2014 under Estate Planning, South Carolina


Marjorie DeCastro-Hirsch / The Law Offices of DeCastro-Hirsch, P.A.

Answered 6 years ago | Contributor

If the both of you die at the same time, and your Will does not provide for a division of assets other than to each other, then it will pass to the closest relatives, in this case her siblings. If you would like to equally distribute your assets between her siblings and your nieces and nephews, I would recommend you have a new Will prepared with said provision.

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