Posted by ScottyHOMEy on October 23, 2009 at 12:58:47 from (70.105.238.87):
In Reply to: Re: Will posted by bc on October 23, 2009 at 10:17:08:
I just took a short spin through Kansas Article 59. Interesting. The wife wasn't required to leave half her estate to her husband, but her husband has the right of election to claim it if they were married 15 years or longer.
The homestead would seem to be his his, too. The only way she could cut him out of that would be to make another provision in her will in lieu of the homestead. There's an interesting side to the homestead exemption, as well. First off, the definition is a little hazy. It seems to exempt everything from a quarter-section down to 1 acre from any claims (including debt) against the estate with the exceptions of taxes, liens and mortgages directly related to the property. It was a REAL quick read opf just three of four heading/articles in the Chapter, so there may well be other provisions to cover them, but that leaves a few gray areas, like whether a half-acre in-town lot qualifies for the exemption.
Like most of us seem to be saying, this fellow needs to get himself a Kansas lawyer well versed in Chapter 59 and anything else that may be relevant.
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