Recent news about Gene Hackman and his wife Betsy’s passing has highlighted a crucial but often overlooked aspect of estate planning—the timing of death between spouses, especially in blended families. As a Santa Barbara estate planning lawyer, I’ve seen how this timing can significantly impact inheritance outcomes and potentially create complications for heirs.
The Hackman Case: Why Order of Death Mattered
When both Gene Hackman, 95, and his wife Betsy, 65, were found deceased in their home in February 2025, authorities later determined Betsy had actually died a week before Gene. This timing detail significantly impacts their overall estate distribution.
The Hackmans had what’s known as “pour-over wills,” which direct assets to flow into their trust upon death. Since Betsy died first, her assets would have transferred to Gene’s trust before his subsequent passing. This sequence effectively changes who might ultimately receive those assets.
Why Timing Matters in Blended Families
This situation highlights an important consideration for blended families like the Hackmans. Gene had three adult children from his previous marriage to Faye Maltese, while his second marriage to Betsy lasted over 30 years.
As a Santa Barbara estate planning lawyer, I frequently advise clients with blended families to carefully consider scenarios involving the timing of death between spouses. Here’s why this matters:
Sequential Inheritance Alters Outcomes: When a spouse with children from a previous marriage outlives their current spouse, assets typically flow to the surviving spouse first, potentially changing how those assets are ultimately distributed to children from different relationships.
Trust Provisions Change: Depending on how a trust is structured, different beneficiaries will be entitled to different assets based on which spouse survives the other.
Potential for Conflict: Without clear planning for various death-sequence scenarios, conflicts often arise between children from previous marriages and the current spouse or their family.
Planning Solutions to Consider
There are several estate planning strategies that can address these concerns:
Simultaneous Death Clauses: These provisions establish a presumption about who died first if deaths occur close together, creating certainty in estate distribution.
QTIPs and Other Specialized Trusts: Qualified Terminable Interest Property trusts and other specialized vehicles can ensure both your current spouse and children from previous relationships are provided for, regardless of death timing.
Clear Beneficiary Designations: Explicitly naming beneficiaries for specific assets helps prevent unintended consequences regardless of which spouse passes first.
Regular Estate Plan Reviews: Life changes, and so should your estate plan. Regular reviews with a Santa Barbara estate planning lawyer ensure your plan still reflects your wishes.
The Value of Professional Guidance
The complexities of the Hackman case demonstrate why working with an experienced estate planning professional is so important. A Santa Barbara estate planning lawyer can help craft provisions that anticipate various scenarios and ensure your wishes are carried out regardless of the order of death.
We don’t yet know the full details of how the Hackmans’ estate will be distributed, but their situation serves as an important reminder: when it comes to estate planning, timing matters. This is especially true for blended families where the interests of children from different relationships need to be balanced.
If you have a blended family or concerns about how the timing of death might affect your estate plan, contact our office to schedule a consultation with a Santa Barbara estate planning lawyer who can help ensure your wishes are protected under any circumstance.