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59-510. Advancements. Property which has been given by an intestate decedent by way of an advancement to one to whom the decedent's property, or a part of it, would pass by intestate succession, shall be counted as a part of the distributive share of such property to such person, and to that extent shall be taken into account in determining the estate to be distributed among those to whom it passes by intestate succession, but if such advancement exceeds the amount to which such person would be entitled by the laws of intestate succession the person shall not be required to refund any portion of the advancement. If such person receiving an advancement dies before the decedent, leaving heirs who take from the decedent, the advancement shall be allowed in like manner as if it had been made directly to them.

History: L. 1939, ch. 180, ยง 32; July 1.

Source or prior law:

22-125, 22-126.

Cross References to Related Sections:

Method of determining advancement, see 59-2248.

Law Review and Bar Journal References:

"The Capricious Operation of the Kansas Elective Share: Feast or Famine for the Surviving Spouse," John W. Kuether and Willard B. Thompson, 61 J.K.B.A. No. 10, 32, 36 (1992).

CASE ANNOTATIONS

1. Notes given by son to father held advancements and wiped out by will. In re Estate of Bush, 155 K. 556, 561, 127 P.2d 455.

2. Under former law (22-118) inheritance of grandchild from grandmother subject to advancement to father. Meenen v. Meenen, 180 K. 779, 786, 308 P.2d 158.

3. Bonds purchased by decedent with daughter as co-owner held advancement. Broderick v. Moore, 226 F.2d 105, 106, 107.


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