The recent deaths of actor Gene Hackman and his wife, Betsy Arakawa, shocked fans. They brought attention to an often-overlooked estate planning concept: what happens when spouses die close in time to one another. Such situations can lead to interesting lessons about simultaneous death laws. Investigators found the couple deceased in their Santa Fe home on February 26, 2025. However, evidence suggests their deaths occurred about a week apart. Beyond the tragic loss, this timing has serious implications under New Mexico’s simultaneous death rule (similar to Colorado’s rule), providing interesting lessons about simultaneous death laws, which could determine how their estates are distributed.
Understanding New Mexico’s Simultaneous Death Law
Like many states, New Mexico has adopted a version of the Uniform Simultaneous Death Act (USDA).1 This law addresses the legal challenges that arise when two people—often spouses—die around the same time. It is unclear who passed first, leading to some interesting lessons about simultaneous death laws.
Before laws like the USDA, courts often relied on arbitrary factors such as age or health to guess who died first. These assumptions could lead to inheritance outcomes that conflicted with the decedents’ actual wishes. They often triggered double probate or unnecessary estate taxes, leaving us with interesting lessons about simultaneous death laws.
The USDA introduced a standardized rule: if two individuals die within 120 hours (five days) of each other. Additionally, if no clear evidence establishes the order of death, each is considered to have predeceased the other. This ensures that assets pass directly to contingent beneficiaries rather than bouncing between estates.
New Mexico follows this 120-hour rule. Searching for interesting lessons about simultaneous death laws, discover how clear evidence showing who died first—or if the decedents had estate planning documents that override the rule—different results may apply.
What It Means for the Hackman and Arakawa Estates
According to the New Mexico Office of the Medical Investigator, Arakawa likely died around February 11, while Hackman passed about a week later, on February 18.2 If this timeline holds, the simultaneous death rule does not apply since more than 120 hours elapsed between their deaths, offering practical lessons about simultaneous death laws.
In that case, how their estates are distributed depends on whether they had valid wills or trusts—and what provisions those documents included.
Scenario 1: A Will with an Extended Survivorship Clause
Reports indicate that Arakawa’s will left everything to Hackman. It included a special survivorship clause requiring him to outlive her by 90 days. Because Hackman died just a week after Arakawa, he did not meet this requirement. As a result, interesting lessons about simultaneous death laws emerge, as under her will, Arakawa’s contingent beneficiaries—reportedly several charities—would inherit instead of Hackman.
Scenario 2: No Survivorship Clause or Estate Plan
Had Arakawa not created an estate plan or included that survivorship clause, default New Mexico law would have considered Hackman the surviving spouse. This is because he outlived her by more than 120 hours. He would have inherited her estate, and upon his subsequent death, those assets would then pass to his heirs—presumably his three children. This could have unintentionally bypassed the charities Arakawa wished to benefit, demonstrating interesting lessons about simultaneous death laws.
Estate Planning Lessons: Prepare for the Unexpected
While the Hackman-Arakawa case is high-profile, similar scenarios happen more often than people realize. Car accidents, natural disasters, or other sudden events can claim the lives of couples or close family members in rapid succession.
This case highlights the importance of including survivorship clauses, backup beneficiaries, and specific timing requirements in your wills and trusts. These tools are essential components of comprehensive estate planning in Colorado or any other state.
Too often, people assume that default laws will handle these situations fairly. However, those laws may not align with your intentions. Taking proactive steps ensures your legacy planning protects your loved ones and reflects your wishes. It prevents legal confusion, providing interesting lessons about simultaneous death laws.
Don’t Leave It to Chance—Take Control of Your Estate Plan
Your estate plan should be more than a static document—it should evolve with your life, your relationships, and the law. From survivorship clauses to trust provisions and contingent beneficiaries, every detail matters. Interesting lessons about simultaneous death laws exist, ensuring your assets go exactly where you want.
Whether you’re updating an existing plan or creating one for the first time, our estate planning attorney in Greenwood Village can help. We can help you build a plan that accounts for every possibility—even the ones you hope never happen.
Contact us today to schedule a consultation. Let’s make sure your legacy is secure, your wishes are honored, and your loved ones are protected no matter what the future holds.
- N.M. Stat. Ann. § 45-2-702 (2024), https://law.justia.com/codes/new-mexico/chapter-45/article-2/part-7/section-45-2-702/. ↩︎
- Edward Segarra, Gene Hackman’s autopsy reveals no hantavirus infection, which killed wife Betsy, USA Today (Apr. 28, 2025), https://www.usatoday.com/story/entertainment/celebrities/2025/04/28/gene-hackman-autopsy-hantavirus/83316365007. ↩︎
