When headlines broke suggesting that Gene Hackman’s children weren’t named in his will, the internet exploded with speculation. But for estate planning professionals, it’s not about scandal—it’s a case study in what happens when plans go stale or lack clarity—and there are quite a few wrapped into this case: simultaneous death, outdated documents, the limits of wills, and how misinformation spreads when people don’t fully understand how estate planning works.
Let’s unpack what we can learn.
What We Know—and What We Don’t
Gene Hackman and his wife, Betsy Arakawa, were found deceased in their New Mexico home in February 2025. Reports suggest Arakawa passed away seven days before Hackman. Both had executed wills—Hackman’s reportedly last updated in 2005—naming each other as sole beneficiary.
When Hackman’s will became public, many assumed his children had been “disinherited.” But estate planning doesn’t work that way—and wills don’t tell the whole story.
Here’s why:
Wills only govern probate assets. If Hackman used trusts, lifetime gifts, or beneficiary designations, those wouldn’t show up in the will—and the public wouldn’t know what provisions he may have made for his children.
Trusts are private. Unlike wills, which become public through probate, trust documents are confidential. So, just because we can’t see them doesn’t mean they don’t exist.
When a Spouse Dies First—and the Plan Isn’t Updated
Hackman’s will named his wife as the sole beneficiary. But what happens if your primary beneficiary dies before you—and your documents haven’t been updated?
Under North Carolina law, if there’s no surviving beneficiary and no backup plan in place, your estate may pass according to intestate succession laws. In short: the state decides who gets what.
In Hackman’s case, the media suggests his children could now inherit—but only if there isn’t a trust or alternate plan in place. That’s a big “if.”
The larger issue? His will was nearly 20 years old. A lot can change in two decades—relationships, finances, family dynamics. That’s why we always recommend reviewing your plan every 3–5 years or after any major life event.
Simultaneous Death and the 90-Day Rule
Most states, including North Carolina, have laws that define what happens if two people die around the same time and it's unclear who died first. In North Carolina, unless a Will or trust says otherwise, there’s a default 120-hour survivorship rule. That means a beneficiary must outlive the deceased by at least 120 hours (or 5 days) in order to inherit.
Here’s how it works in practice:
Let’s say John names Mary as the beneficiary in his Will. If Mary dies before him, his Will says the estate should go to Roger instead. Mary also has a Will, naming Jamie as her beneficiary.
Now imagine John and Mary are in a tragic accident together. John dies at the scene, but Mary is taken to the hospital and passes away from her injuries.
If Mary dies more than 120 hours after John, then she is considered to have survived him, even if only briefly. That means John’s estate would pass to Mary, and then through Mary’s Will, it would ultimately go to Jamie.
But if Mary dies within 120 hours of John, the law treats it as if they died simultaneously. In that case, Mary is considered to have predeceased John, and John’s estate would bypass Mary entirely and go directly to Roger, as his Will directed.
This rule helps avoid complications like assets bouncing between estates and incurring double probate or taxes.
That said, Wills and trusts can override the state’s default rule by including their own survivorship requirement—often 30, 60, or 90 days. These provisions are especially helpful in scenarios involving married couples or individuals with closely tied estates.
Media reports suggest Arakawa’s will included a survivorship clause. If she died just seven days before Hackman, and that clause required a 30- or 90-day survival window, her estate may have bypassed him and passed to a trust or charity.
Under North Carolina law, if there’s no survivorship clause and death order is uncertain, the Uniform Simultaneous Death Act (adopted in NC) treats each person as having predeceased the other for distribution purposes (N.C.G.S. § 28A-24).
But what about Hackman’s estate?
If his Will doesn’t have a clear backup plan—or if it names beneficiaries who have already passed or lacks up-to-date contingencies—it could result in court involvement, unnecessary delays, and outcomes that may not reflect his true wishes.
What We Can All Learn from This
Let’s take off the Hollywood lens and look at the real lessons:
✅ Wills Aren’t Enough
Wills are public, limited in scope, and don’t shield you from probate delays. Trusts offer privacy, flexibility, and better control—especially for complex families or larger estates.
✅ Your Plan Is Only as Strong as Its Last Update
If your documents are 10, 15, or 20 years old, chances are they no longer reflect your life. Laws change. Families evolve. Your plan should evolve with them.
✅ Backup Planning Isn’t Optional
Always name alternate beneficiaries, successor trustees, and contingencies. If your plan doesn’t cover the “what ifs,” the courts might end up deciding for you.
✅ Privacy Matters
When estate plans are incomplete or unclear, speculation fills the void. If Hackman had trusts or updated plans for his children, the public wouldn’t know—and that’s the point. Good planning protects your privacy and your legacy.
Final Thought: Estate Planning Isn’t Just About Wealth, It’s About Clarity
This situation reminds us that estate planning isn’t reserved for the wealthy. It’s about making your intentions clear, keeping your documents up to date, and creating a plan that reflects your wishes and values.
At Carolina Family Estate Planning, we help families create thoughtful, forward-looking estate plans that protect privacy, reduce conflict, and reflect your evolving life. Whether it’s been 5 years or 15 since you last updated your plan, we’re here to help you regain clarity and control. Schedule a free case assessment today.
Or join one of our free Estate Planning & Asset Protection Workshops to learn how planning ahead protects the people—and legacy—you love.
Frequently Asked Questions: Lessons from Gene Hackman’s Estate & Real-Life Planning
1. What if my will names my spouse, but they pass before me?
Unless your will includes a backup (contingent) beneficiary, your estate may be subject to intestate succession in NC—meaning state law decides who inherits. This is a common issue with outdated wills, especially when a spouse is named as the sole beneficiary and passes away first.
2. Does my will cover everything I own?
No. Wills only control probate assets. Assets with named beneficiaries—such as life insurance, IRAs, or jointly held real estate—pass outside the will and may be shielded from creditor claims.
3. Should I update my will even if nothing major has changed?
Yes. Even if your life feels stable, tax laws, state rules, and family circumstances evolve. A review every 3–5 years or after major life events is a best practice. Failing to do so may lead to unintended consequences like disqualified beneficiaries.
4. What is a simultaneous death clause, and why does it matter?
A simultaneous death clause—common in NC estate planning—defines what happens if two people die close together or in uncertain order. North Carolina’s 120-hour rule (based on the Uniform Simultaneous Death Act) helps avoid double probate, but adding a custom clause in your will or trust gives more control.
5. What are the risks of not naming alternate beneficiaries?
Without backup beneficiaries, your estate could be delayed in probate or go to unintended heirs via intestate succession. Including successor trustees and alternates in your plan ensures smoother transitions and reduces family conflict—one of the biggest celebrity estate planning lessons.
6. What does Gene Hackman’s estate teach us about real-life planning?
That even high-profile individuals can fall into the trap of outdated documents and limited transparency. The key takeaway? Proactive planning, periodic updates, and understanding the importance of backup beneficiaries are essential—regardless of wealth or fame.
This blog post is for informational purposes only and does not constitute legal advice. Please consult a licensed estate planning attorney for guidance tailored to your individual situation.
