Question
While on a weekend trip, Stewart and Patricia Kincaid and there are two minor children die simultaneously in a plane crash. Two adult children, Frank
While on a weekend trip, Stewart and Patricia Kincaid and there are two minor children die simultaneously in a plane crash. Two adult children, Frank and Ruth, living at home, are the surviving family members. The major asset Stewart owned was a life policy worth over $500,000 payable to Patricia as a primary beneficiary and all four children has a secondary beneficiary. The Kincaid's live in a state that has adopted the Uniform Simultaneous Death Act. Under the act, when the insured policyholder (Steward) and the beneficiary (Patricia) die simultaneously, the life insurance proceeds are distributed as if the insured has survived the beneficiary.
- To whom would the life insurance proceeds be paid? How was this decision determined?
- If all six members of the Kincaid family had died in the crash, to whom with the life insurance proceeds be paid? Explain. See Keegan v. Keegan's Estate, 157 N.J. Super. 279, 384 A.2d 913(1978)
- If Stewart and Patricia had owned property in joint tenancy, how does a Uniform Simultaneous Death Act result the problem of dividing the jointly owned property?
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