Printable Format59-401. Homestead. A homestead to the extent of 160 acres of land lying without, or of one acre lying within, the limits of an incorporated city, or a manufactured home or mobile home, occupied by the decedent and family, at the time of the owner's death, as a residence, and continued to be so occupied by the surviving spouse and children, after such death, together with all the improvements on the same, shall be wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the decedent, but it shall not be exempt from sale for taxes thereon, or for the payment of obligations contracted for the purchase thereof, or for the erection of improvements thereon, or for the payment of any lien given thereon by the joint consent of husband and wife. The title to the homestead property of a decedent shall pass the same as the title to other property of the decedent.
History: L. 1939, ch. 180, § 19; L. 1953, ch. 272, § 1; L. 1979, ch. 178, § 1; L. 1991, ch. 33, § 34; July 1.
Source or prior law:
22-102, 22-104, 22-107, 22-127.
Cross References to Related Sections:
Selection of homestead, see 59-2235.
Constitutional homestead exemption, see Kansas Constitution article 15, § 9.
Execution of mortgages and oil, gas and other mineral leases upon homestead of incapacitated spouse, see 59-2314 through 59-2322.
Law Review and Bar Journal References:
Amendment of 1953 mentioned in 1953-55 survey of Kansas law, Richard C. Harris, 4 K.L.R. 151, 157 (1955).
Election of spouse to take against a will, 9 K.L.R. 356, 357 (1961).
Related to K.S.A. 59-2287 et seq. in 1963-65 survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 141 (1965).
"Joint Tenancy; Effects Explored," Marvin E. Thompson, 37 J.B.A.K. 83, 85 (1968).
"Intestate Succession in Kansas," Jay Scott Brown, 8 W.L.J. 284, 285 (1969).
"Does Kansas Need the Uniform Probate Code?" Verne M. Laing, 42 J.B.A.K. 139, 144 (1973).
"Dispensing with Administration in Small Estates: A Marketable Title Problem," William R. Scott, 42 J.B.A.K. 337, 338 (1973).
"Survey of Kansas Homestead Law," 13 W.L.J. 447 (1974).
"Barring the Slayer's Bounty: An Analysis of Kansas' Troubled Experience," John F. Kuether, 23 W.L.J. 494, 511, 513 (1984).
"Decedents Estates: Revocable Trusts and The Surviving Spouse's Share: How Much Is Enough? [Newman v. George, 243 Kan. 183, 755 P.2d 18 (1988)]," Gary Patterson, 28 W.L.J. 430, 431 (1989).
"New Spousal Elective-Share Rights: Leveling the Playing Field," Timothy P. O'Sullivan and Joan M. Bowen, 65 J.K.B.A. No. 2, 18, 19, 20 (1996).
"Kansas Homestead Law," Roger L. Theis and Karl R. Swartz, 65 J.K.B.A. No. 3, 20, 22, 37, 39, 43 (1996).
"Decedent's Estates: Complicating Kansas's Family Protection Law," JoAnn M. Stone, 38 W.L.J. 1005 (1999).
CASE ANNOTATIONS
1. Section inapplicable where valid postnuptial contract providing for property disposition exists. Porter v. Axline, 154 K. 87, 88, 90, 114 P.2d 849.
2. Facts considered and homestead rights of widow held waived. In re Estate of Meech, 155 K. 792, 130 P.2d 571.
3. Insane widow's guardian under direction of probate court may sell homestead. Lockridge v. Glace, 158 K. 431, 433, 147 P.2d 726.
4. Widow waived homestead right by consenting to husband's will. In re Estate of Fawcett, 163 K. 448, 450, 451, 183 P.2d 403.
5. Valid postnuptial agreement may dispose of rights hereunder. In re Estate of Winter, 164 K. 615, 616, 617, 192 P.2d 186.
6. Homestead rights of wife cannot be affected by antenuptial agreement. In re Estate of Place, 166 K. 528, 531, 203 P.2d 132.
7. Homestead rights could not be waived by antenuptial contract. In re Estate of Neis, 170 K. 254, 225 P.2d 110.
8. Widow entitled to homestead and family allowances as a matter of law. In re Estate of Hilliard, 172 K. 552, 555, 241 P.2d 729.
9. House trailer occupied as residence exempt as homestead, except for payment of taxes or obligations contracted for its purchase. In re Estate of Dahn, 204 K. 535, 539, 540, 464 P.2d 238.
10. Cited in holding that joint, mutual and contractual will did not preclude surviving spouse from claiming homestead rights and statutory allowances. In re Estate of Barnett, 207 K. 484, 486, 485 P.2d 1290.
11. Homestead rights of family of decedent exempt from personal debts of decedent. Jones v. St. Francis Hosp. & School of Nursing, 225 K. 649, 653, 594 P.2d 162.
12. Spouse's homestead right upheld, although she was forced to absent herself because of abuse from her drinking husband; intent to return retained. In re Estate of Fink, 4 K.A.2d 523, 525, 526, 529, 530, 532, 533, 609 P.2d 211.
13. Mother not heir at law where children survived deceased; not proper party for wrongful death under 42 U.S.C. § 1983. Carter v. City of Emporia, Kan., 543 F.Supp. 354, 357 (1982).
14. Equitable lien, nondischargeable in bankruptcy, imposed where homestead was source of funds for divorce property settlement. In re Borman, 886 F.2d 273, 274 (1989).
15. Historical form of "doctrine of necessaries," while unconstitutional, expanded to apply to husbands and wives equally. St. Francis Regional Med. Center, Inc. v. Bowles, 251 K. 334, 340, 836 P.2d 1123 (1992).
16. Abandonment of a homestead considered; term "family" construed; acceptance of medical assistance does not create lien. In re Estate of Phillippe, 23 K.A.2d 436, 437, 439, 441, 933 P.2d 151 (1997).