Printable Format59-1304. Encumbered assets. When any assets of the estate are encumbered by mortgage, pledge, or otherwise, the executor or administrator may pay such encumbrance or any part thereof, whether or not the holder of the encumbrance has exhibited his or her demand, if it appears to be for the best interest of the estate and if the court shall have so ordered. No such payment shall increase the share of the devisee, legatee, or heir entitled to receive such encumbered assets, unless otherwise provided in the will.
History: L. 1939, ch. 180, ยง 98; July 1.
Source or prior law:
22-737.
CASE ANNOTATIONS
1. Construed with K.S.A. 59-1303 and 59-2237; mortgage debt allowed as demand; will construed. In re Estate of Cline, 170 Kan. 496, 499, 501, 227 P.2d 157.
2. Applied; district court action to establish alleged equitable mortgage on personalty constituted demand; probate court jurisdiction. Shields v. Fink, Executrix, 190 Kan. 17, 24, 29, 372 P.2d 252.
3. Article 13 deals with debts and assets of decedent's estate; surviving comakers provided no relief. Farmers State Bank of Ingalls v. Friesen, 15 Kan. App. 2d 132, 135, 803 P.2d 1049 (1991).