59-505. Same; half of realty to surviving spouse.

59-505

Chapter 59.--PROBATE CODE
Article 5.--INTESTATE SUCCESSION

      59-505.   Same; half of realty to surviving spouse.Except as provided further, the surviving spouse shall beentitled to receive one-half of allreal estate of which the decedent at any time during the marriage wasseized or possessed and to the disposition whereof the survivor shall nothave consented in writing, or by a will, or by an election as provided bylaw to take under a will, except such real estate as has been sold onexecution or judicial sale, or taken by other legal proceeding. The survivingspouse shall not be entitled to anyinterest under the provisions of this section in any real estate of whichsuch decedent in such decedent's lifetime made a conveyance,when such spouse at thetime of the conveyance was not a resident of this state and never had beenduring the existence of the marriage relation. Thespouse'sentitlement under this section shall be included as part of the survivingspouse's property under K.S.A. 59-6a207, and amendments thereto.

      History:   L. 1939, ch. 180, § 27;L. 1996, ch. 53, § 1; July 1.