Kansas Statutes

§ 59-404 — Effect of election to take under will by spouse

Kansas·Ch. 59 PROBATE CODE·Art. 4 HOMESTEAD AND FAMILY ALLOWANCES
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.

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Related

Estate of Johnson v. Johnson
452 P.2d 286 (Supreme Court of Kansas, 1969)
38 case citations
In Re Estate of Laue
589 P.2d 558 (Supreme Court of Kansas, 1979)
25 case citations
Hessenflow v. Hessenflow
909 P.2d 662 (Court of Appeals of Kansas, 1995)
13 case citations

Legislative History

L. 1939, ch. 180, § 22; July 1.

Nearby Sections

15
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