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Question
Omar executed and recorded a transfer-on-death deed naming his daughter, Lina, as beneficiary of his home. The deed complied with the state's TOD deed statute and stated that Omar retained full ownership during life. Two years later, Omar's will stated, "I revoke any deed or beneficiary designation in favor of Lina and leave my home to my son, Sam." Omar did not record any revocation of the TOD deed.
Shortly before death, Omar also changed the beneficiary of his brokerage account from Sam to Lina using the brokerage firm's online form. At that time, Omar was hospitalized, heavily medicated, and dependent on Lina for access to his phone and visitors. A nurse heard Lina tell Omar, "If you do not change the account today, I will not bring you home." Sam challenges both the TOD deed and the brokerage beneficiary change.
Who should receive the home and brokerage account? Discuss the TOD deed, attempted will revocation, and possible challenge to the brokerage beneficiary change.