59-505.
Surviving spouse entitled to 1/2 of real estate.
Except as provided further, the surviving spouse shall be entitled to receive one-half of all real estate of which the decedent at any time during the marriage was seized or possessed and to the disposition whereof the survivor shall not have consented in writing, or by a will, or by an election as provided by law to take under a will, except such real estate as has been sold on execution or judicial sale, or taken by other legal proceeding. The surviving spouse shall not be entitled to any interest under the provisions of this section in any real estate of which such decedent in such decedent's lifetime made a conveyance, when such spouse at the time of the conveyance was not a resident of this state and never had been during the existence of the marriage relation. The spouse's entitlement under this section shall be included as part of the surviving spouse's property under K.S.A. 59-6a207, and amendments thereto.
History:
L. 1939, ch. 180, § 27; L. 1996, ch. 53, § 1; July 1.
Notes of Decisions
In Re Est. of Antonopoulos, 993 P.2d 637 (Kan. 1999).
· cites it 3× “59-504; K.S.A. 1998 Supp. 59-505. However, it is clear that we could not apply the elective-share statutes if they are not applicable to intestate estates.”
Taliaferro v. Taliaferro, 843 P.2d 240 (Kan. 1992).
· cites it 4× “1949, 59-505 (now K.S.A. 59-505), which provides: “Also, the surviving spouse shall be entitled to receive one-half of all real estate of which the decedent at any time during the marriage was seized or possessed and to the disposition whereof the survivor shall not have…”
Cresto v. Cresto, 358 P.3d 831 (Kan. 2015).
“See K.S.A. 59-505 and 59-506. But the original inter vivos revocable trust prepared by White left the balance of the estate to all of the children of the blended families, i.”
Guffy Ex Rel. Reeves v. Guffy, 631 P.2d 646 (Kan. 1981).
· cites it 2× “K.S.A. 59-505 prevents one spouse from disposing by will of more than one-half of his or her property without the consent of the other.”
Jackson v. Lee, 392 P.2d 92 (Kan. 1964).
· cites it 4× “of Kansas, 1949, Section 59-505, and the statutory interest does not come to the spouse by inheritance.”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).
· cites it 2× “59-403, K.S.A. 59-505, and K.S.A. 59-6a207 and seeking an order prohibiting the payment of any funds from the estate.”
State v. Bollinger, 352 P.3d 1003 (Kan. 2015).
“K.S.A. 59-505 states that a surviving spouse is entitled to one-half of all real estate that the decedent possessed at any time during the marriage.”
Buchanan v. Rediger, 975 P.2d 1235 (Kan. Ct. App. 1999).
· cites it 3× “They allege that under K.S.A. 59-505, a spouse (Harriet) cannot be denied an interest in the real property, that one cotenant of real property cannot possess real property adversely to another cotenant, and that plaintiffs’ possession was *62 not “on a good faith, justifiable…”
Stauth v. Stauth, 582 P.2d 1160 (Kan. Ct. App. 1978).
· cites it 2× “It is argued that, since record title to the real estate was in the defendant’s name alone, his wife had an interest in the property by virtue of K.S.A. 59-505, which required that she be made a party defendant.”
Newman Ex Rel. Ausemus v. George, 755 P.2d 18 (Kan. 1988).
“Turning now to the case at bar, K.S.A. 59-505 does not apply because no real estate was transferred.”
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