It’s a common approach: spouses name each other as beneficiaries and executors in their estate plans, assuming one will outlive the other and seamlessly handle the estate. But what happens when a couple dies at or near the same time? Without a backup plan, legal confusion, delays, extra costs and other unintended consequences can occur.
The tragic deaths of actor Gene Hackman, 95, and his wife Betsy Arakawa, 65, within a week of each other underscores the importance of including contingencies in estate planning to prevent complications.
Two-time Academy Award winner Hackman, known for his leading roles in “The French Connection” and “Unforgiven,” and his wife, Arakawa, were found dead in their Santa Fe, New Mexico, home on Feb. 26, 2025. Arakawa died on Feb. 11, 2025, from Hantavirus pulmonary syndrome. Hackman died a week later from natural causes associated with heart disease and Alzheimer’s disease.
Their 2005 wills left everything to each other and named each other as executors, along with successors. With both now deceased, and their first named successor also deceased, a trust company professional named as a second backup was appointed to administer both estates.
Close or Simultaneous Deaths
When spouses die close together and each person’s will directs assets to their spouse as sole beneficiary, and names him or her as executor, who handles the estate? Where do the assets go? Without contingency planning, like Hackman and Arakawa had done, estates may end up in limbo, subject to court decisions or state intestacy laws.
To avoid complications in the event of a simultaneous or close-in-time death, couples should:
- Name contingent beneficiaries and estate executors: Always list at least one or two backups for personal executors, trustees and beneficiaries.
- Include simultaneous death clauses: Most estate plans can include a clause treating each spouse as having predeceased the other if they die within a short window (often 30 days).
- Use separate trusts or consider joint trusts carefully: Proper structuring can prevent cross-inheritance that creates unnecessary tax or administrative burdens.
- Review and update regularly: That Hackman’s and Arakawa’s estate plans held up two decades later shows the importance of solid drafting, but many plans need revisiting as laws, family situations and financial circumstances change.
Hackman and Arakawa’s estate planning shows the value of thinking beyond the assumption that one spouse will always survive the other. With clear documentation and named contingencies, their estates are now in capable hands, avoiding the chaos that can follow in cases of poor planning.
If your estate plan relies on your spouse for everything, it’s time to revisit it. A little planning now can prevent major problems later. Call the experienced estate planning attorneys at TREEL for a consultation.
