Janus v. Tarasewicz 135 Ill. App. 3d 936, 482 N.E.2d 418 (1985) Stanley and Theresa both died after eating cyanide laced Tylenol. Stanley died almost immediately. Theresa hung on for two days on life support before dying. Both had headaches because they were mourning the death of Stanley's brother, who had died that day from eating cyanide laced Tylenol! They had also come back from their honeymoon that morning! Stanley's mother (Janus), and Theresa's father (Tarasewicz) both claimed Stanley's life insurance policy. The policy named Theresa as the beneficiary and Stanley's mother as the contingent beneficiary. The Trial Court found for Tarasewicz. The Trial Court found that there was sufficient medical evidence that Theresa had outlived Stanley. The Appellate Court affirmed. The Appellate Court agreed that the manifest weight of the evidence showed that Theresa outlived Stanley. Therefore she inherited his estate. "Survivorship is a fact which must be proven by a preponderance of evidence by the party whose claim depends on the survivorship." The Uniform Probate Code establishes that in order to inherit, there must be clear and convincing evidence that you survived that decedent by at least 120 hours. The Uniform Simultaneous Death Act has a similar 120 hour requirement, but allows for an exception if there is clear and convincing evidence that the inheritor survived the decedent, even if it was less than 120 hours.