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.
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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