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59-504. Surviving spouse.
If the decedent leaves a spouse and no children
nor issue of a previously deceased child, all the decedent's property shall
pass to the surviving spouse. If the decedent leaves a spouse and a child,
or children, or issue of a previously deceased child or children, one-half
of such property shall pass to the surviving spouse.
59-505. Same; half of realty to surviving spouse.
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.
59-506. Surviving children or issue.
If the decedent leaves a child, or children, or
issue of a previously deceased child or children, and no spouse, all his or
her property shall pass to the surviving child, or in equal shares to the
surviving children and the living issue, if any, of a previously deceased
child, but such issue shall collectively take only the share their parent
would have taken had such parent been living. If the decedent leaves such
child, children, or issue, and a spouse, one-half of such property shall
pass to such child, children, and issue as aforesaid.
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59-507. No spouse, child or issue, of the
decedent.
If the decedent leaves no surviving spouse,
child, or issue, but leaves a surviving parent or surviving parents, all of
his or her property shall pass to such surviving parent, or in equal shares
to such surviving parents, but if the decedent is an adopted child such
property shall pass to his or her adoptive parent or parents in like manner
including a natural parent who is the spouse of an adoptive parent.
59-508. No spouse, child, issue, or parents.
If the decedent leaves no surviving spouse,
child, issue, or parents, the respective shares of his or her property which
would have passed to the parents, had both of them been living, shall pass
to the heirs of such parents respectively (excluding their respective
spouses), the same as it would have passed had such parents owned it in
equal shares and died intestate at the time of his or her death; but if
either of said parents left no such heirs, then and in that event his or her
property shall pass to the living heirs of the other parent.
59-509. Limitation on descent.
In computing degrees of relationship by blood
for the purpose of the passing of property of an intestate decedent, each
generation in the ascending or descending line shall be counted as one
degree. None of such property shall pass except by lineal descent to a
person further removed from the decedent than the sixth degree, as so
computed. In all cases of intestate succession the right of a living person
to have the property, or a share of it, pass to him or her, shall be
determined as here provided, but the property shall pass immediately from
the decedent to the person entitled to receive it.
59-514. Intestate descent; escheat, when.
If an intestate decedent leaves no person
entitled to receive property of the decedent as said intestate's heir under
the provisions of K.S.A. 59-503 to 59-513, both sections inclusive, and acts
amendatory thereof or supplemental thereto, then and in that event said
intestate's property shall pass to the living heirs of the intestate's last
spouse dying prior to the death of the intestate and if there be no such
heir or heirs, then the estate shall escheat to and become the property of
the state.
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