Legal Question in Wills and Trusts in Tennessee
Will and insurance benifits don't match
My father recently passed away and left a Will. The will reads that the Insurance is ''to be divided equally into 3 shares according to the policy.'' The policy however states that the devision as 80% - 10% - 10%. The attorney who helped my father with his will remebers counseling my father about the Will and that it is not necessary to state in a will things that are directly named by a beneficiary My father insisted that the insurance was changed to reflect 3 equal portions and wanted to put into the Will as a matter of record anyway. Does the fact that there was intent and a reasonable expectation by my father to believe his policy had been changed effect the disbursement of funds?
1 Answer from Attorneys
Re: Will and insurance benifits don't match
The distribution listed in the insurance policy determines who receives the funds. Insurance benefits pass outside of the will and are not governed by the provisions of the will.
What did your father do to change the beneficiaries of the policy? Did he attempt to change them with the insurance company or agent?
I think it will difficult to get the insurance proceeds divided equally.
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