30-2304. Requirement that heir survive decedent for one hundred twenty hours.

Any person who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 30-2305.

Source:Laws 1974, LB 354, § 26, UPC § 2-104.

Annotations

A child, conceived after the biological father’s death through intrauterine insemination using his sperm and born within 9 months of his death, cannot inherit from the father as the father’s surviving issue because the child does not “survive” the father as required under this section. Amen v. Astrue, 284 Neb. 691, 822 N.W.2d 419 (2012).