K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-404 (2026)

Effect of election to take under will by spouse

✓ current as of May 2026
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59-404. Effect of election to take under will by spouse. The surviving spouse, by electing to take under the will of the decedent or by consenting thereto, does not waive the homestead right nor the right to such allowance, unless it clearly appears from the will that the provision therein made for such spouse was intended to be in lieu of such rights.

History: L. 1939, ch. 180, § 22; July 1.

Notes of Decisions
Cited in 4 cases, 1947–1995 · leading case: In Re Est. of Laue, 589 P.2d 558 (Kan. 1979).
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In Re Est. of Laue, 589 P.2d 558 (Kan. 1979). “The petitioners argue that the trial court erred in fixing a statutory allowance at that figure for two reasons: First, they contend that, since Marie Laue consented to Walter Laue’s will, she waived any right to her statutory allowance and was not entitled to any allowance at…”
Hessenflow v. Hessenflow, 909 P.2d 662 (Kan. Ct. App. 1995). “” K.S.A. 59-404 reads: “The surviving spouse, by electing to take under the will of the decedent or by consenting thereto, does not waive the homestead right nor the right to such allowance, unless it clearly appears from the will that the provision therein made for such spouse…”
Est. of Johnson v. Johnson, 452 P.2d 286 (Kan. 1969). “(K.S.A. 59-404.) Since the appellees raise no question to the contrary, we may safely assume that at the time the antenuptial agreement was entered into, Hazel's right to any future homestead was intended to remain unfettered.”
Fawcett v. Fawcett, 183 P.2d 403 (Kan. 1947). · cites it 2× “Section 59-404 provides as follows: “The surviving spouse, by electing to take under the will of decedent or by consenting thereto, does not waive the homestead right nor the right to such allowance, unless it clearly appears from the will that the provision therein made for…”
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.