Constructive trust is a court imposed trust to get around constitutional provision that you cannot lose your property rights because of crime, to prevent unjust enrichment; mechanism that recognizes your legal title but separates from beneficial title which is the next of kin from decedent. The action must be intentional and with malice; beneficiary in the wrong; conviction alone not enough. The burden of proof is on claimant who seeks to impose the trust; preponderance of evidence standard; cannot use criminal conviction to prove intent. Simultaneous death – if betty survived, then to her heirs, if not then alternative beneficiaries. Statute – whether there is direct evidence that the father died before betty Lou. Case was amended. The 120 hour rule says they are considered simultaneously dead if beneficiary doesn’t survive benefactor by 120 hours. To be an heir or beneficiary individual must outlive decedent. There is survival rule of 120 hours. If a person survives the decedent but dies prior to the expiration of the survival period, then the property passes had the person actually predeceased the decedent. If they don’t live 120 hours after decedent dies, then they predecease the decent. No simultaneous death.