Printable Format59-508. No spouse, child, issue, or parents. If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event his or her property shall pass to the living heirs of the other parent.
History: L. 1939, ch. 180, § 30; L. 1949, ch. 310, § 1; April 15.
Source or prior law:
22-120, 22-127.
Law Review and Bar Journal References:
Noted in discussion of wrongful death act, Robert C. Casad, 13 K.L.R. 515, 517 (1965).
"Intestate Succession in Kansas," Jay Scott Brown, 8 W.L.J. 284, 291, 292, 293, 294, 295, 298, 301, 306 (1969).
CASE ANNOTATIONS
1. 1949 act not remedial but affects substantive rights; operates prospectively only. In re Estate of Brown, 168 Kan. 612, 613, 615, 616, 618, 619, 215 P.2d 203.
2. Decedent's property; administrator has only right of possession during administration. Peterson v. Peterson, 173 Kan. 636, 639, 251 P.2d 221.
3. Cited; assertion of rights under postnuptial contract not claim against estate. McCormick v. Maddy, 186 Kan. 154, 163, 348 P.2d 1007.
4. 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).