Kansas Objection to Family Allowance in a Decedent's Estate

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Multi-State
Control #:
US-02670BG
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Word; 
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Description

A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Stat. § 59-1504. Whenever a decedent by will makes a provision for the compensation of his or her executor, that shall be taken as such executor's full compensation, unless the executor files a written instrument, renouncing all claim to the compensation provided for in the will.

A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $50,000. The homestead or homestead allowance is exempt from and has priority over all demands against the estate.

(a) Obstructing legal process or official duty is knowingly and intentionally obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.

If you die without a will and have children but no surviving spouse, your children will inherit your entire estate in equal part. If, however, your spouse and children survive you, your spouse will inherit half of your intestate property and your children will inherit the other half in equal part.

If the decedent's spouse and at least one of their children survive them, the spouse inherits half of the decedent's estate, and the other half is distributed amongst the children (or amongst the children and the children's descendants if one or more of the decedent's children did not survive them) per stirpes.

While the Kansas probate process usually takes several months to complete, the length of time depends on the size and complexity of the assets involved. Regardless, there are certain steps that must be taken in every situation, so probate typically takes at least six months to finish.

Although condensed into a one-step procedure, informal administration contains, in an abbreviated form, the following aspects of regular probate: admitting a will to probate ; filing an inventory and valuation; setting aside family allowances; determin- ing how the property of the estate will be distrib- uted; proving ...

No person convicted of feloniously killing, or procuring the killing of, another person shall inherit or take by will by intestate succession, as a surviving joint tenant, as a beneficiary under a trust or otherwise from such other person any portion of the estate or property in which the decedent had an interest.

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Kansas Objection to Family Allowance in a Decedent's Estate