Source or prior law:

22-245.

CASE ANNOTATIONS

1. Spouse elected to take under law; rules for distributing remainder of property under will stated and applied. Tomb v. Barbo, 153 Kan. 766, 768, 114 P.2d 320.

2. Widow waived homestead right by consenting to husband's will. In re Estate of Fawcett, 163 Kan. 448, 451, 183 P.2d 403.

3. Cited; finding no agreement not to make will upheld. In re Estate of Gereke, 165 Kan. 249, 256, 195 P.2d 323.

4. Mentioned; probate court's election for estate of deceased incompetent surviving spouse held proper. In re Estate of Henderson, 176 Kan. 168, 172, 174, 268 P.2d 941.

5. Finding of no common law marriage upheld; election denied. Amerine v. Amerine, Executor, 178 Kan. 79, 80, 83, 283 P.2d 469.

6. Cited; finding of nonexistence of common law marriage upheld. Hineman v. Hineman, Executor, 179 Kan. 543, 544, 297 P.2d 149.

7. Election under 1939 act held untimely; no election by implication. In re Estate of Jones, 179 Kan. 744, 745, 746, 749, 298 P.2d 230.

8. Consent to will held to have extinguished right of survivorship. In re Estate of Rooney, 181 Kan. 1029, 1036, 317 P.2d 416.

9. Wife of deceased successful in electing to renounce husband's will made after separate maintenance decree. In re Estate of Fults, 193 Kan. 491, 492, 494, 394 P.2d 32.

10. Mentioned in determining effect of consent to will. Younger v. Estate of Younger, 198 Kan. 547, 550, 426 P.2d 67.

11. Mentioned in relation to federal estate tax and marital deduction. Spurrier v. First National Bank of Wichita, 207 Kan. 406, 485 P.2d 209.

12. Consent to will by spouse adequate where valid antenuptial agreement is satisfied by will; antenuptial agreement in advance of marriage of convenience between parties 81 and 76 years of age did not overreach. In re Estate of Broadie, 208 Kan. 621, 627, 493 P.2d 289.

13. Right of election of surviving spouse not to take under will is personal and may not inure to heirs or representatives. In re Estate of Messenger, 208 Kan. 763, 767, 494 P.2d 1107.

14. Mentioned; surviving spouse's share of estate qualifying for marital deduction not reduced by federal tax against estate. Jackson v. Jackson, 217 Kan. 448, 452, 536 P.2d 1400.

15. No termination of rights of inheritance indicated in decree of separate maintenance; widow allowed to elect against will. Linson v. Johnson, Executrix, 1 Kan. App. 2d 155, 161, 162, 163, 563 P.2d 485.

16. Cited in determining that section not applicable since decedent died a resident of Missouri. In re Estate of Phillips, 4 Kan. App. 2d 256, 257, 604 P.2d 747.

17. Separation of property settlement agreement in contemplation of divorce bars inheritance by wife though divorce interrupted by death of husband. In re Estate of Loughmiller, 229 Kan. 584, 591, 629 P.2d 156 (1981).

18. Cited; taxes as not including federal estate tax on marital deduction property, reduction of marital deduction examined. Jeschke v. U.S., 814 F.2d 568, 576 (1987).

19. Cited; revocable inter vivos trust created by husband without wife's consent examined. Newman v. George, 243 Kan. 183, 186, 755 P.2d 18 (1988).

20. IRA considered revocable inter vivos trust subject to rights of nonconsenting surviving spouse. McCarty v. State Bank of Fredonia, 14 Kan. App. 2d 552, 561, 795 P.2d 940 (1990).

21. Cited where K.S.A. 9-1215 construed to exclude payable-on-death accounts from all provisions of probate code. Snodgrass v. Lyndon State Bank, 15 Kan. App. 2d 546, 551, 811 P.2d 58 (1991).

22. Action by widow of testate decedent to invalidate inter vivos trusts and have assets transferred to probate estate examined. Taliaferro v. Taliaferro, 252 Kan. 192, 843 P.2d 240 (1992).