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DALTON 2017 – Kenny is considering changing his will today

by | Dec 1, 2023 | Posted Questions

Kenny is considering changing his will today. He wants the new will to leave everything to Melissa. Which of the following statements is true.

A) A no-contest clause could be added to discourage Kati and Karli from contesting the will.

B) A simultaneous death clause could be used to require Melissa to survive six months.

C) A guardianship clause can be used to identify Kenny’s preferred legal guardian of Kole

.

D) A disclaimer clause allowing Melissa to disclaim the property in favor of Kenny’s children could be used to prevent overqualification of the estate.

Misleading question because its framed around changing his will and leaving everything to his wife Melissa. However, a “No-Contest” clause would be the correct choice if there was for something for his daughters Kati and Karli to lose if they contested the will. Therefore, does the question now change…Which of the following statements are true? In this case I believe the answer would be “C”. As a guardianship clause can be used to identify future guardians for Kenny’s son Kole. Or am I am just reading into this question to hard? I know “B” is incorrect because they are talking about a survivorship clause. “D” is incorrect because that is false

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