South Dakota Codified Laws 29A-2-702. Requirement of survival by 120 hours
(a) For the purposes of this code, an individual who does not survive an event, including the death of another individual, by 120 hours is deemed to have predeceased the event.
(b) For purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who does not survive the event by 120 hours is deemed to have predeceased the event.
Terms Used In South Dakota Codified Laws 29A-2-702
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
- Decedent: A deceased person.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Summons: Another word for subpoena used by the criminal justice system.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(c) If (i) it is not established that one of two co–owners with right of survivorship survived the other co–owner by 120 hours, one–half of the property passes as if one had survived by 120 hours and one–half as if the other had survived by 120 hours and (ii) there are more than two co–owners and at least one of them did not survive the others by 120 hours, the property passes in the proportion that one bears to the whole number of co–owners. For the purposes of this subsection, “co–owners with right of survivorship” includes joint tenants and other co–owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others.
(d) Survival by 120 hours is not required if:
(1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster;
(2) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event by a specified period; or
(3) The application of this section to multiple governing instruments would result in an unintended failure or duplication of a disposition.
(e)(1) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, under this section, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the beneficiary’s apparent entitlement under the terms of the governing instrument, before the payor or other third party has received written notice of a claimed lack of entitlement under this section. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this section.
(2) Written notice of a claimed lack of entitlement under paragraph (1) must be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this section, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the proceedings relating to the settlement of the decedent‘s estate, or if no proceedings have been commenced, to or with the court located in the county of the decedent’s residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.