Printable Format59-507. No spouse, child or issue, of the decedent. If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, all of his or her property shall pass to such surviving parent, or in equal shares to such surviving parents, but if the decedent is an adopted child such property shall pass to his or her adoptive parent or parents in like manner including a natural parent who is the spouse of an adoptive parent.
History: L. 1939, ch. 180, ยง 29; July 1.
Source or prior law:
22-119, 22-120, 22-127.
Law Review and Bar Journal References:
Inheritance rights in adoption cases, 3 K.L.R. 366, 367 (1955).
Cited in discussing wrongful death act, Robert C. Casad, 13 K.L.R. 515, 517 (1965).
Illegitimacy in Kansas, Donald W. Vasos, 14 K.L.R. 473, 495 (1966).
"Survey of Kansas Law: Family Law," 29 K.L.R. 511, 525 (1981).
"The Effect of Domestic Violence on Parental Rights in Kansas after In re Adoption of A.P.," Amy E. Wilbur, 39 W.L.J. 288 (2000).
CASE ANNOTATIONS
1. Decedent's property; administrator has only right of possession during administration. Peterson v. Peterson, 173 Kan. 636, 639, 251 P.2d 221.
2. Administrator settled wrongful death claim without suit; general release; proceeds distributable under K.S.A. 60-3203. Holmes, Administrator v. Price, 186 Kan. 623, 624, 352 P.2d 5.
3. "Next of kin" in wrongful death statute means those who inherit from the decedent. Ellis v. Sill, 190 Kan. 300, 303, 304, 374 P.2d 213.
4. Wrongful death action; son killed; one parent may maintain action for benefit of both parents. Ellis v. Sill, 190 Kan. 300, 303, 304, 374 P.2d 213.
5. Cited in holding K.S.A. 23-106 permits either parent, noncustodial or custodial, to give consent to minor child's marriage. Yoder v. Yoder, 11 Kan. App. 2d 330, 333, 721 P.2d 294 (1986).
6. Considered in holding accident victim's surviving siblings not heirs at law so long as parents alive. Barnes v. Robison, 711 F. Supp. 873, 875 (1989).