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K.S.A. § 58-708

Uniform simultaneous death act; definitions

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58-708. Uniform simultaneous death act; definitions. In this act:

(1) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others.

(2) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a donative, appointive or nominative instrument of any other type.

(3) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, subdivision or instrumentality or any other person authorized or obligated by law or a governing instrument to make payments.

History: L. 1992, ch. 97, § 1; July 1.

CASE ANNOTATIONS

1. Uniform simultaneous death act does not apply to determination of survivors under K.S.A. 40-3103. Polson v. Farmers Ins. Co., 288 Kan. 165, 200 P.3d 1266 (2009).


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Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2021 · leading case: Polson v. Farmers Ins. Co., Inc.
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Polson v. Farmers Ins. Co., Inc. (2009) kan · cites it 2× “58-709 of the Kansas Uniform Simultaneous Death Act (KUSDA), K.S.A. 58-708 et seq. Facts and Procedural Background According to the uncontroverted facts, Timothy and Michelle, who were married and did not have children, were insured at the time of their deaths by an auto…”
Primerica Life Insurance Company v. Frantz (2021) ksd “When any person kills or causes the killing of such person's spouse, and then takes such person's own life, the estates and property of both persons shall be disposed of as if their deaths were simultaneous pursuant to the provisions of K.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.