Kansas Intestate Succession Laws
What happens if you die without a will? The good news is that the state of Kansas has created laws – referred to as “intestate succession laws” – just to help you in this exact situation! The bad news is that these laws may not follow the same plan that you would.
So who gets your stuff in Kansas?
If you are married at the time of your death:
If you do not have children, your spouse will receive everything.
If you have children, your spouse will receive 50% of your estate and your children will split the other half of your estate.
Your wife will receive a half interest of all real estate owned by you during the marriage, unless they waived that right.
If you are not married at the time of your death:
If you have children, your children will split everything in equal shares
If you are not married and do not have children, you parents will split everything in equal shares. If 1 of your parents do not have an heir, the heirs of the other will inherit the whole estate.
If your parents do not have heirs, they will continue to search for an heir to the 6th degree.
If you do not have any living heirs but were married at the time that a past spouse died, the heirs of the last spouse you were married to before dying will receive your estate.
If none of the above scenarios apply, your property will go to the state.
Did you notice that a spouse will have to split your estate with your children? That is not something most people want, as the intent is to leave everything to your spouse, particularly if your children are minors. Establishing shares for minor children actually creates barriers to that money and makes it that much harder for your surviving spouse to take care of your children. You may have also noticed there were no provisions made for close friends. The heirs of your previous spouse may receive your assets, but your best friends you talk to daily will get nothing. In order to make sure that your wishes are honored, start by downloading a copy of our estate planning analysis here!
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