Answer is (D). Tammy will not receive Fred's share of the house.
(Concepts) Assets can be transferred outside of a will by virtue of joint tenancy arrangements or beneficiary designations, and this can be used to avoid probate.
When assets are registered in joint tenancy, the deceased's share of those assets automatically flows to the surviving joint tenants under the right of survivorship. It is not possible to use a will to bequeath assets that are held in joint tenancy; such a bequest would be void.
The proceeds of a life insurance policy that has a named beneficiary other than the estate of a deceased will automatically be paid to that designated beneficiary, and so the proceeds will not form part of the deceased's estate and will bypass probate.
However, if the will was written after the named beneficiary was designated on the life insurance policy, and the will names a different beneficiary of that policy, then the designation in the will takes precedence ovr the designation on the policy. As long as the new beneficiary named in the will is someone other than the estate of the deceased, the proceeds of the policy will still be excluded from the estate and will not be subject to probate.
The life insurance company will be protected if it pays the death benefit in good faith to the beneficiary that is named on the policy because it has not received notice of a later beneficiary designation in the will. The beneficiary who was named in the will can then sue the beneficiary who was named in the policy to recover the death benefit.
(Choice A is true.) Because the will specified a named beneficiary for the insurance policy, the death benefits will be excluded from Fred's estate and will not be subject to probate. So, the death benefit of Fred's life insurance will not pass into probate.
(Choice B is true.) Simon is the surviving joint tenant. The law does not allow Fred to use his will to name an alternate beneficiary for property that he held in joint tenancy with Simon; such property must go to Simon. So, Simon automatically receives Fred's share of the house.
(Choice C is true.) Because Fred named Tammy as the beneficiary of his life insurance policy in his will, and because his will was dated later than the original named beneficiary designation on his insurance policy, the beneficiary designation in his will takes precedence. So, Tammy should receive the death benefit of the life insurance.
If the insurance company pays the death benefit to Simon because it was unaware of the new designation in Fred's will, the insurance company cannot be held at fault. However, Tammy will be able to sue Simon to recover the death benefit.
(Choice D is false.) Even though Fred bequeathed his share of the house to her in his will, the house was held in joint tenancy with Simon. So, Fred's share will automatically pass to Simon under the right of survivorship and Tammy will not receive Fred's share of the house.
(Keywords: named beneficiary designations, joint tenancy) |