Order of Death. At the time of the Trust’s creation the Grantor: (Choose One) ☐ - Is Not Married ☐ - Is Married with the spouse known as _____________________ (referred to as the “Grantor’s Spouse”) and therefore if their death occurs where it cannot be determined whether who died first, the Grantor or the Grantor’s Spouse, then the property and assets shall be transferred as follows: (Check One) ☐ - Grantor Dies First – The Grantor shall be determined as the individual that died first with the estate of the Grantor’s Spouse able to claim any and all property, life insurance claims, and any other property in the same right as if the Grantor’s Spouse survived the Grantor. ☐ - Grantor Dies Second – The Grantor shall be determined as the individual that died second with the estate of the Grantor’s Spouse not able to claim any property, life insurance claims, or any other property in the same right as if the Grantor’s Spouse predeceased the Grantor.
Order of Death. If a Participant and his or her Spouse both die as a result of an event where it cannot be determined by the Administrator (or, at the Administrator's discretion, by a court of competent jurisdiction) within a reasonable time and with reasonable certainty based on the information or evidence presented to the Administrator which person died first, it will be presumed for purposes of any death benefits payable under the Plan that (1) if only one of the deceased persons was a Participant, that the person who was a Participant entitled to benefits hereunder shall be presumed to have died first, and (2) if each of the deceased persons was a Participant, it shall be presumed that the older person died first.
