Kansas Statutes
§ 59-404 — Effect of election to take under will by spouse
Kansas § 59-404
This text of Kansas § 59-404 (Effect of election to take under will by spouse) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Kan. Stat. Ann. § 59-404 (2026).
Text
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)
In Re Estate of Laue
589 P.2d 558 (Supreme Court of Kansas, 1979)
Hessenflow v. Hessenflow
909 P.2d 662 (Court of Appeals of Kansas, 1995)
Legislative History
L. 1939, ch. 180, § 22; July 1.
Nearby Sections
15
§ 59-1001
Management; bond§ 59-1002
When administrator takes charge§ 59-1004
Sale of assets§ 59-101
Name of act§ 59-102
Definitions§ 59-104
Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs§ 59-1101
Bond requirements and conditions§ 59-1102
Approval and prosecution§ 59-1103
Joint or separate bondsCite This Page — Counsel Stack
Bluebook (online)
Kansas § 59-404, Counsel Stack Legal Research, https://law.counselstack.com/statute/ks/59-404.