59-2705.Termination of trust estate of absentee; administration ofestate of absentee presumed dead or person reported missing in action.(a) At any time, upon petition signed by the absentee or on a petitionof an attorney-in-fact acting upon an adequate power of attorney grantedby the absentee, the court shall declare the absentee alive and order thestate registrar to rescind the presumptive death certificate and direct thetermination of the trustestate and the transfer of all property held thereunder to the absenteeor to the designated attorney-in-fact.
(b) Upon the petition of any person interested in the estate of anabsentee presumed to be dead, and on proof thereof in addition to allother matters required by law to be proved for the appointment of anadministrator or executor, the district court shall proceed toadminister the estate of such absentee as if such absentee was known tohave died on the date of the filing of such petition.
(c) Upon petition of any person interested in the estate of any personreported by the United States department of defense as missing in actionfor over three years, the district court, upon proof that suchpersonhas been reported as missing in action for over three years, shallproceedto terminate the trust estate of such absentee in the same manner as thefinal settlement of a decedent's estate. The district court shall proceedto administer the estate of such absentee as if suchabsentee was knownto have died on the date of the filing of such petition, butthe districtcourt shall not declare the absentee to be deceased.
(d) All laws now or hereafter enacted for the administration of estates ofknown decedents shall be applicable to absentees declared presumptively deadunder K.S.A. 59-2708, and amendments thereto, and subsection (b) ofthis section,except:
(1) No administrator, executor or personal representative of such absenteeshall make a final distribution of the assets of such estate until theexpiration of three years after the date of presumptive death, provided thatassets in the estate of such absentee which are exempt from attachment bycreditors, including moneys paid by the United States of such nature and otherassets of any such estate which would otherwise be available for the support ofthe spouse, children and other dependents of such absentee, if such absenteewerealive, after allowance for debts and costs of administration, may be paid forthe support of the spouse and children and dependents of such absentee uponorderof the court until such time as distribution may be made or administrationterminated. If the absentee has not appeared after the period of three yearsthe court's finding shall become effective to permit final distribution ofsuch person's estate.
(2) Upon final settlement of the absentee's estate the provisions ofsubsection (e) shall apply.
(e) All laws now orhereafter enacted for the administration of estates of known decedentsshall be applicable to the settlement of estates authorized by subsections(b), (c) and (d) except:
(1) If such absentee should return within five years after entryof the order of final settlement, any order made during suchadministration shall be subject to being set aside on such absentee'sapplication for good cause shown and filed within three months aftersuch absentee learned, or reasonably could have learned of such order;but setting aside any such order shall not prejudice the rights of anyperson who has acquired an interest in any property for value, or of anytrustee, executor or administrator who has acted in good faith inaccordance with the provisions of this act.
(2) No distributee of a share or interest in the estate shallreceive or be assigned the same on final settlement untilsuchdistributee shall have filed a bond conditioned that if such absenteeshall return within five years from receipt or assignment of thesame and make claim thereto, such property, or thereasonable valuethereof if it has been disposed of, together with the net incometherefrom, shall be returned to the absentee.
The court may require sureties on such bond, which suretiesshall besubject to the approval of the court. No action shall be brought onsuch bond more than one year after the absentee learned of suchdistribution nor in any event more than six years after the date ofsuch distribution.
History: L. 1963, ch. 301, § 5; L. 1972, ch. 218, § 2; L. 1976,ch. 242, § 67; L. 1977, ch. 198, § 1;L. 2002, ch. 71, § 3; July 1.
59-2705.Termination of trust estate of absentee; administration ofestate of absentee presumed dead or person reported missing in action.(a) At any time, upon petition signed by the absentee or on a petitionof an attorney-in-fact acting upon an adequate power of attorney grantedby the absentee, the court shall declare the absentee alive and order thestate registrar to rescind the presumptive death certificate and direct thetermination of the trustestate and the transfer of all property held thereunder to the absenteeor to the designated attorney-in-fact.
(b) Upon the petition of any person interested in the estate of anabsentee presumed to be dead, and on proof thereof in addition to allother matters required by law to be proved for the appointment of anadministrator or executor, the district court shall proceed toadminister the estate of such absentee as if such absentee was known tohave died on the date of the filing of such petition.
(c) Upon petition of any person interested in the estate of any personreported by the United States department of defense as missing in actionfor over three years, the district court, upon proof that suchpersonhas been reported as missing in action for over three years, shallproceedto terminate the trust estate of such absentee in the same manner as thefinal settlement of a decedent's estate. The district court shall proceedto administer the estate of such absentee as if suchabsentee was knownto have died on the date of the filing of such petition, butthe districtcourt shall not declare the absentee to be deceased.
(d) All laws now or hereafter enacted for the administration of estates ofknown decedents shall be applicable to absentees declared presumptively deadunder K.S.A. 59-2708, and amendments thereto, and subsection (b) ofthis section,except:
(1) No administrator, executor or personal representative of such absenteeshall make a final distribution of the assets of such estate until theexpiration of three years after the date of presumptive death, provided thatassets in the estate of such absentee which are exempt from attachment bycreditors, including moneys paid by the United States of such nature and otherassets of any such estate which would otherwise be available for the support ofthe spouse, children and other dependents of such absentee, if such absenteewerealive, after allowance for debts and costs of administration, may be paid forthe support of the spouse and children and dependents of such absentee uponorderof the court until such time as distribution may be made or administrationterminated. If the absentee has not appeared after the period of three yearsthe court's finding shall become effective to permit final distribution ofsuch person's estate.
(2) Upon final settlement of the absentee's estate the provisions ofsubsection (e) shall apply.
(e) All laws now orhereafter enacted for the administration of estates of known decedentsshall be applicable to the settlement of estates authorized by subsections(b), (c) and (d) except:
(1) If such absentee should return within five years after entryof the order of final settlement, any order made during suchadministration shall be subject to being set aside on such absentee'sapplication for good cause shown and filed within three months aftersuch absentee learned, or reasonably could have learned of such order;but setting aside any such order shall not prejudice the rights of anyperson who has acquired an interest in any property for value, or of anytrustee, executor or administrator who has acted in good faith inaccordance with the provisions of this act.
(2) No distributee of a share or interest in the estate shallreceive or be assigned the same on final settlement untilsuchdistributee shall have filed a bond conditioned that if such absenteeshall return within five years from receipt or assignment of thesame and make claim thereto, such property, or thereasonable valuethereof if it has been disposed of, together with the net incometherefrom, shall be returned to the absentee.
The court may require sureties on such bond, which suretiesshall besubject to the approval of the court. No action shall be brought onsuch bond more than one year after the absentee learned of suchdistribution nor in any event more than six years after the date ofsuch distribution.
History: L. 1963, ch. 301, § 5; L. 1972, ch. 218, § 2; L. 1976,ch. 242, § 67; L. 1977, ch. 198, § 1;L. 2002, ch. 71, § 3; July 1.
59-2705.Termination of trust estate of absentee; administration ofestate of absentee presumed dead or person reported missing in action.(a) At any time, upon petition signed by the absentee or on a petitionof an attorney-in-fact acting upon an adequate power of attorney grantedby the absentee, the court shall declare the absentee alive and order thestate registrar to rescind the presumptive death certificate and direct thetermination of the trustestate and the transfer of all property held thereunder to the absenteeor to the designated attorney-in-fact.
(b) Upon the petition of any person interested in the estate of anabsentee presumed to be dead, and on proof thereof in addition to allother matters required by law to be proved for the appointment of anadministrator or executor, the district court shall proceed toadminister the estate of such absentee as if such absentee was known tohave died on the date of the filing of such petition.
(c) Upon petition of any person interested in the estate of any personreported by the United States department of defense as missing in actionfor over three years, the district court, upon proof that suchpersonhas been reported as missing in action for over three years, shallproceedto terminate the trust estate of such absentee in the same manner as thefinal settlement of a decedent's estate. The district court shall proceedto administer the estate of such absentee as if suchabsentee was knownto have died on the date of the filing of such petition, butthe districtcourt shall not declare the absentee to be deceased.
(d) All laws now or hereafter enacted for the administration of estates ofknown decedents shall be applicable to absentees declared presumptively deadunder K.S.A. 59-2708, and amendments thereto, and subsection (b) ofthis section,except:
(1) No administrator, executor or personal representative of such absenteeshall make a final distribution of the assets of such estate until theexpiration of three years after the date of presumptive death, provided thatassets in the estate of such absentee which are exempt from attachment bycreditors, including moneys paid by the United States of such nature and otherassets of any such estate which would otherwise be available for the support ofthe spouse, children and other dependents of such absentee, if such absenteewerealive, after allowance for debts and costs of administration, may be paid forthe support of the spouse and children and dependents of such absentee uponorderof the court until such time as distribution may be made or administrationterminated. If the absentee has not appeared after the period of three yearsthe court's finding shall become effective to permit final distribution ofsuch person's estate.
(2) Upon final settlement of the absentee's estate the provisions ofsubsection (e) shall apply.
(e) All laws now orhereafter enacted for the administration of estates of known decedentsshall be applicable to the settlement of estates authorized by subsections(b), (c) and (d) except:
(1) If such absentee should return within five years after entryof the order of final settlement, any order made during suchadministration shall be subject to being set aside on such absentee'sapplication for good cause shown and filed within three months aftersuch absentee learned, or reasonably could have learned of such order;but setting aside any such order shall not prejudice the rights of anyperson who has acquired an interest in any property for value, or of anytrustee, executor or administrator who has acted in good faith inaccordance with the provisions of this act.
(2) No distributee of a share or interest in the estate shallreceive or be assigned the same on final settlement untilsuchdistributee shall have filed a bond conditioned that if such absenteeshall return within five years from receipt or assignment of thesame and make claim thereto, such property, or thereasonable valuethereof if it has been disposed of, together with the net incometherefrom, shall be returned to the absentee.
The court may require sureties on such bond, which suretiesshall besubject to the approval of the court. No action shall be brought onsuch bond more than one year after the absentee learned of suchdistribution nor in any event more than six years after the date ofsuch distribution.
History: L. 1963, ch. 301, § 5; L. 1972, ch. 218, § 2; L. 1976,ch. 242, § 67; L. 1977, ch. 198, § 1;L. 2002, ch. 71, § 3; July 1.
