59-6a214. Protection of payors and other third parties. - Kansas Statutes

59-6a214

Chapter 59.--PROBATE CODE Article 6a.--ELECTIVE SHARE OF SURVIVING SPOUSE

      59-6a214.   Protection of payors and other third parties.(a) Although under K.S.A. 59-6a205 a payment, item of property, or otherbenefit is included in the decedent's nonprobate transfers to others, a payoror other third party is not liable for having made a payment or transferred anitem of property or other benefit to a beneficiary designated in a governinginstrument,or for having taken any other action in good faith reliance on the validity ofa governing instrument, upon request and satisfactory proof of the decedent'sdeath, before the payor or other third party received written notice from thesurviving spouse or spouse's representative of an intention to file a petitionfor the elective share or that a petition for the elective share has beenfiled. A payor or other third party is liable for payments made or otheractions taken after the payor or other third party received written notice ofan intention to file a petition for the elective share or that a petition forthe elective share has been filed.

      (b)   The written notice of intention to file a petition for the electiveshare or that a petition for the elective share has been filed must be mailedtothe payor's or other third party's main office or home by registered orcertified mail,returnreceipt requested, or served upon the payor or other third party in the samemanner as a summons in a civil action. Upon receipt of written notice ofintention tofile a petition for the elective share or that a petition for the electiveshare has been filed, a payor or other third party may pay any amount owed ortransfer or deposit any item of property held by it to or with the court havingjurisdiction of the probate proceedings relating to the decedent's estate, orif no proceedings have been commenced, to or with the court having jurisdictionof probate proceedings relating to decedents' estates located in the county ofthe decedent's residence. The court shall hold the funds or item of propertyand, upon its determination under subsection (d) of K.S.A. 59-6a211, shallorderdisbursement in accordance with the determination. If no petition is filed inthe court within the specified time under subsection (a) of K.S.A. 59-6a211 or,if filed, the demand for an elective share is withdrawn under subsection (c) ofK.S.A. 59-6a211, the court shall order disbursement to the designatedbeneficiary. Payments or transfers to the court or deposits made to the courtdischarge the payor or other third party from all claims for value of amountsso paid or the value of property so transferred or deposited.

      (c)   Upon petition to the district court by the beneficiary designated in agoverning instrument, the court may order that all or part of the property bepaid to the beneficiary in an amount and subject to conditions consistent withchapter 59 of the Kansas Statutes Annotated, and amendments thereto.

      History:   L. 1994, ch. 132, § 14; Jan. 1, 1995.