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Abby is a single woman aged 60 and lives with her only child, Olivia, who is 30 years of age. Abby owns 1,000 shares of

Abby is a single woman aged 60 and lives with her only child, Olivia, who is 30 years of age. Abby owns 1,000 shares of stock in Murray Corp. (stock), which she purchased in 2000 for $5 per share. She also owns her home, which does not have a mortgage. In July of 2020, Kim decided to open a restaurant with her boyfriend, Ryan. They agreed that Abby would own and manage the restaurant, and Ryan would serve as chef. They rented a building and purchased $50,000 of restaurant equipment using Abby Running Bank credit card. Abby decided to get her affairs in order, and she prepared and properly executed a will that provided for the entirety of her estate to pass to Olivia and named Olivia as executor. Abby also purchased a life insurance policy with a death benefit of $250,000, naming Ryan as the primary beneficiary of 100% of the death benefit and Olivia as the contingent beneficiary. Once opened, the restaurant struggled financially. On January 19, 2021, Ryan overheard Abby telling Olivia, Were losing a ton of money because Ryan is a terrible chef I am going to have to fire him. The next morning, when Abby arrived at the restaurant before opening, Ryan physically attacked and killed her. He then destroyed all the restaurants equipment. Ryan was arrested and promptly convicted of first-degree murder. Olivia probated Abby's will and was appointed as executor. She correctly valued the stock at $200,000 as it was trading on the New York Stock Exchange at an average of $200 per share on the date of death. Olivia had Abbys home appraised at $400,000 as of the same date. The restaurant was appraised as having a value of zero dollars. Olivia discarded the ruined restaurant equipment and terminated the lease without penalty effective Feb 1 2021. Shortly after being appointed executor, Olivia received a request from Running Bank for payment of the $60,000 balance on Abby's Bank credit card. Abby had no other assets or liabilities. Olivia scheduled a meeting with Evan, an attorney, to discuss the estate. At the meeting, Olivia provided Evan with detailed financial information for the estate, and they discussed the credit card debt, which Olivia did not want to pay for emotional reasons because it reminded her of the restaurant and Ryan. Evan suggested that he could represent the estate moving forward if Olivia would sign an engagement letter, but she declined and continued with the estate administration on her own. Following the meeting, Olivia transferred the stock and the house into the name of the estate, but did not make any payments to the Bank. In July of 2021, Running Banks president called Evan and asked him about filing to collect the credit card debt from Abby's estate. The president stated he wanted to be cautious because he did not know if there were any estate assets, and did not want to waste time and legal fees. Evan said, I cant take the case, but I can tell you that Abby's estate has plenty of assets. Two weeks later, on behalf of Running Bank, a different attorney filed a procedurally proper claim against the estate for collection of the credit card debt.

  1. If Olivia files a civil action challenging Ryan's right to receive the death benefit of the life insurance policy, who will receive the insurance proceeds?

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