Legal Question in Wills and Trusts in Kansas

homestead allowance

My grandfather passed away 01/08/00. His current wife (of two years) is probating his estate through the Shawnee County District Court. Her attorney sent a waiver for me to sign indicating that I have no interest in the estate (which is less than $25,000.00). I did not sign the waiver - I now receive a Petition for Refusal of Letters filed pursuant to Chapter 59 of KSA, which requests a hearing and that the entire estate go to his wife as provided for in the Homestead Allowance (KSA 59-6a215). Does the entire estate automatically go to the surviving spouse when the value is less than $25,000.00?


Asked on 2/03/01, 5:01 pm

1 Answer from Attorneys
Keith Koenigsdorf Koenigsdorf Law Office

Re: homestead allowance

The homestead allowance statute reads "59-6a215. Homestead or homestead allowance. A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $35,000. The homestead or homestead allowance is exempt from and has priority over all demands against the estate. The homestead or homestead allowance is in addition to any share passing to the surviving spouse by way of elective share."

Read more
Answered on 3/19/01, 10:15 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Kansas