reglab/housing_qa huggingface dataset:
KS Stat § 58-501 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939)|58-501 Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions.

58-501. Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions. Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such property unless the language used in such grant or devise makes it clear that a joint tenancy was intended to be created: Except, That a grant or devise to executors or trustees, as such, shall create in them a joint tenancy unless the grant or devise expressly declares otherwise. Where joint tenancy is intended as above provided it may be created by:(a) Transfer to persons as joint tenants from an owner or a joint owner to himself or herself and one or more persons as joint tenants;(b) from tenants in common to themselves as joint tenants; or(c) by coparceners in voluntary partition to themselves as joint tenant.Where a deed, transfer or conveyance grants an estate in joint tenancy in the granting clause thereof and such deed, transfer, or conveyance has a hebendum clause inconsistent therewith, the granting clause shall control. When a joint tenant dies, a certified copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death issued by the proper federal, state or local official authorized to issue such certificate, or an affidavit of death from some responsible person who knows the facts, shall constitute prima facie evidence of such death and in cases where real property is involved such certificate or affidavit shall be recorded in the office of the register of deeds in the county where the land is situated. The provisions of this act shall apply to all estates in joint tenancy in either real or personal property heretofore or hereafter created and nothing herein contained shall prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale shall constitute a severance.History: L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.
KS Stat § 58-502 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939)|58-502 Common-law rules inapplicable (rule in Shelley's case and estates tail).

58-502. Common-law rules inapplicable (rule in Shelley's case and estates tail). The rules of the common law, known as the rule in Shelley's case, and those pertaining to estates tail, however created, shall not be applied in this state to any instrument which becomes effective after the effective date of this act. Every instrument not within the purview of K.S.A. 58-503 taking effect after the effective date of this act and disposing of property which but for this section would create an estate tail shall create a life estate in the first taker and a remainder in fee in the next taker.History: L. 1939, ch. 181, § 2; July 1.
KS Stat § 58-503 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939)|58-503 Same (grant or devise to person for life and then to some other).

58-503. Same (grant or devise to person for life and then to some other). When real or personal property is granted or devised to one person for life, and then to some other person, or persons, whether named individually or as one or more of a class of which the individuals can be ascertained by the time the fee is possessed, the instrument by which such property is so transferred shall be construed as creating in the person first named an estate during the person's lifetime only, and a remainder in fee simple in the person or persons last named.History: L. 1939, ch. 181, § 3; July 1.
KS Stat § 58-504 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939)|58-504 Same (indefinite failure of issue; definite failure of issue).

58-504. Same (indefinite failure of issue; definite failure of issue). In the case of instruments disposing of property, of which the following is a type: "A to B and his or her heirs, but if B dies without issue, then to C and his or her heirs," the common law rule of interpretation that indefinite failure of issue is indicated shall not be applied. Definite failure of issue is indicated, that is, death of B without having issue living at the time of his or her death. B's death without living issue need not occur in the lifetime of the maker of the instrument. The rules here presented apply when the limitation is on death "without heirs," or, "heirs of the body," or, "issue," or, "children," or, "offspring," or, "descendants," or any such relative however described. Enactment of this statute shall not be regarded as legislative recognition that the common law indefinite failure of issue presumption has ever been a part of the law of this state.History: L. 1939, ch. 181, § 4; July 1.
KS Stat § 58-505 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939)|58-505 Same (rule in Wild's case).

58-505. Same (rule in Wild's case). In the case of instruments disposing of property of which the following is a type: "A to B and his or her children," the doctrine of the common law known as the rule in Wild's case shall not hereafter apply, and the instrument shall create a life interest in B and a remainder in his or her children. The rule here prescribed applies when the expression is "children," or "issue," or words of similar import.History: L. 1939, ch. 181, § 5; July 1.
KS Stat § 58-506 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939)|58-506 Same (doctrine of worthier title).

58-506. Same (doctrine of worthier title). In the case of a will to heirs, or to next of kin of the testator, or to a person an heir or next of kin, the common-law doctrine of worthier title is abolished and the devisees or devisee shall take under the will and not by descent.History: L. 1939, ch. 181, § 6; July 1.
KS Stat § 58-625 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-625 Durable power of attorney for health care decisions; meaning.

58-625. Durable power of attorney for health care decisions; meaning. A durable power of attorney for health care decisions is a power of attorney by which a principal designates another as the principal's agent in writing and the writing contains the words "this power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal" or "this power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity.History: L. 1989, ch. 181, § 1; July 1.
KS Stat § 58-626 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-626 Same; acts of agent during disability or incapacity of principal.

58-626. Same; acts of agent during disability or incapacity of principal. All acts done by an agent pursuant to a durable power of attorney for health care decisions during any period of disability or incapacity of the principal have the same effect as if the principal were competent and not disabled.History: L. 1989, ch. 181, § 2; July 1.
KS Stat § 58-627 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-627 Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment.

58-627. Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment. (a) If, following execution of a durable power of attorney for health care decisions, a court of the principal's domicile appoints a guardian charged with the responsibility for the principal's person, the guardian has the same power to revoke or amend the durable power of attorney that the principal would have had if the principal were not disabled or incapacitated.(b) A principal may nominate, by a durable power of attorney for health care decisions, a conservator or guardian for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney for health care decisions except for good cause or disqualification.History: L. 1989, ch. 181, § 3; July 1.
KS Stat § 58-628 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-628 Same; effect of voluntary revocation by principal; actual knowledge required.

58-628. Same; effect of voluntary revocation by principal; actual knowledge required. A voluntary revocation by a principal of a durable power of attorney for health care decisions does not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the revocation, acts in good faith under the power.History: L. 1989, ch. 181, § 4; July 1.
KS Stat § 58-630 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-630 Same; effect if valid under laws of state of principal's residence; acts by agent in this state.

58-630. Same; effect if valid under laws of state of principal's residence; acts by agent in this state. Any durable power of attorney for health care decisions which is valid under the laws of the state of the principal's residence at the time the durable power of attorney for health care decisions was signed, shall be a durable power of attorney for health care decisions under this act. All acts taken by an agent in this state under such a durable power of attorney for health care decisions, which would be valid under the laws of this state, shall be valid acts. All acts taken by an agent for a principal whose residence is Kansas at the time the durable power of attorney for health care decisions is signed shall be valid if valid under Kansas law.History: L. 1989, ch. 181, § 6; July 1.
KS Stat § 58-631 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-631 Same; durable power of attorney executed before July 1, 1989, not affected by this act.

58-631. Same; durable power of attorney executed before July 1, 1989, not affected by this act. A durable power of attorney executed before July 1, 1989, that specifically authorizes the attorney in fact or agent to make decisions relating to the health care of the principal shall not be limited or otherwise affected by the provisions of this act.History: L. 1989, ch. 181, § 7; July 1.
KS Stat § 58-650 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-650 Title of act.

58-650. Title of act. K.S.A. 58-650 through 58-665, and amendments thereto, shall be known and may be cited as the Kansas power of attorney act.History: L. 2003, ch. 58, § 1; July 1.
KS Stat § 58-651 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-651 Definitions.

58-651. Definitions. As used in the Kansas power of attorney act:(a) "Attorney in fact" means an individual, corporation or other legal entity appointed to act as agent of a principal in a written power of attorney.(b) "Court" means the district court.(c) "Disabled" means a person who is wholly or partially disabled as defined in K.S.A. 77-201, and amendments thereto, or a similar law of the place having jurisdiction of the person whose capacity is in question.(d) "Durable power of attorney" means a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection (a) of K.S.A. 58-652, and amendments thereto, or is durable under the laws of any of the following places:(1) The law of the place where executed;(2) the law of the place of the residence of the principal when executed; or(3) the law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument.(e) "Legal representative" means a decedent's personal representative, a guardian or a conservator.(f) "Nondurable power of attorney" means a written power of attorney which does not meet the requirements of a durable power of attorney.(g) "Person" means an adult individual, corporation or other legal entity.(h) "Personal representative" means a legal representative as defined in K.S.A. 59-102, and amendments thereto.(i) "Power of attorney" means a written power of attorney, either durable or nondurable.(j) "Principal's family" means the principal's parent, grandparent, uncle, aunt, brother, sister, son, daughter, grandson, granddaughter and their descendants, whether of the whole blood or the half blood, or by adoption, and the principal's spouse, stepparent and stepchild.(k) "Third person" means any individual, corporation or legal entity that acts on a request from, contracts with, relies on or otherwise deals with an attorney in fact pursuant to authority granted by a principal in a power of attorney and includes a partnership, either general or limited, governmental agency, financial institution, issuer of securities, transfer agent, securities or commodities broker, real estate broker, title insurance company, insurance company, benefit plan, legal representative, custodian or trustee.History: L. 2003, ch. 58, § 2; July 1.
KS Stat § 58-653 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-653 Appointment of multiple attorneys in fact; qualifications; persons disqualified.

58-653. Appointment of multiple attorneys in fact; qualifications; persons disqualified. (a) A principal may appoint more than one attorney in fact in one or more powers of attorney and may provide that the authority conferred on two or more attorneys in fact shall or may be exercised either jointly or severally or in a manner, with such priority and with respect to such subjects as is provided in the power of attorney. In the absence of specification in a power of attorney, the attorneys in fact must act jointly.(b) The designation of a person not qualified to act as an attorney in fact for a principal under a power of attorney subjects the person to removal as attorney in fact but does not affect the immunities of third persons nor relieve the unqualified person of any duties or responsibilities to the principal or the principal's successors.History: L. 2003, ch. 58, § 4; July 1.
KS Stat § 58-655 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-655 Indication of capacity as attorney in fact; property and accounts separate.

58-655. Indication of capacity as attorney in fact; property and accounts separate. (a) An attorney in fact acting for the principal under a power of attorney shall clearly indicate the attorney in fact's capacity and shall keep the principal's property and accounts separate and distinct from all other property and accounts in a manner to identify the property and accounts clearly as belonging to the principal.(b) An attorney in fact holding property for a principal complies with subsection (a) if the property is held in the name of the principal, in the name of the attorney in fact as attorney in fact for the principal or if the attorney in fact is a state or national bank or trust company, in a nominee name as provided under K.S.A. 9-1607, and amendments thereto.History: L. 2003, ch. 58, § 6; L. 2004, ch. 50, § 2; July 1.
KS Stat § 58-659 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-659 Termination of power of attorney; liability between principal and third persons.

58-659. Termination of power of attorney; liability between principal and third persons. (a) As between the principal and third persons, the authority granted in a power of attorney shall terminate on the date of termination, if any, set out in the power of attorney or on the date when the third person acquires actual knowledge of the death of the principal or that the authority granted in the power of attorney has been suspended, modified or terminated.(b) As between the principal and third persons, the acts and transactions of an attorney in fact are binding on the principal and the principal's successors in interest in any situation in which a third person is entitled to rely under K.S.A. 58-658, and amendments thereto.(c) This section shall not prohibit the principal, acting individually, and a third person from entering into a written agreement that sets forth their duties and liabilities as between themselves and their successors, and which expands or limits the application of this act, except that no agreement shall limit or restrict the right of the principal to act with respect to the third person through an attorney in fact appointed in a power of attorney.History: L. 2003, ch. 58, § 10; July 1.
KS Stat § 58-660 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-660 Delegation of powers; successor attorneys in fact; court appointments.

58-660. Delegation of powers; successor attorneys in fact; court appointments. (a) If the principal has expressly authorized such delegation pursuant to subsection (f) of K.S.A. 58-654, and amendments thereto, an attorney in fact or successor from time to time may revocably delegate any or all of the powers granted in a durable power of attorney to one or more qualified persons, subject to any directions or limitations of the principal expressed in the durable power of attorney, but the attorney in fact making the delegation shall remain responsible to the principal for the exercise or nonexercise of the powers delegated.(b) The principal in a durable power of attorney may revocably: (1) Name one or more qualified persons as successor attorneys in fact to exercise the authority granted in the durable power of attorney in the order named in the event a prior named attorney in fact resigns, dies, becomes disabled, is not qualified to act or refuses to act; and (2) grant a power to another person, designated by name, by office or by function, including the initial and any successor attorneys in fact, whereby there may be revocably named at any time one or more successor attorneys in fact.(c) A delegated or successor attorney in fact need not indicate such attorney in fact's capacity as a delegated or successor attorney in fact.(d) If there is no attorney in fact or successor designated in a durable power of attorney who is willing, able and available to act, the court in lieu of appointing a conservator may appoint any adult person or financial institution as successor attorney in fact to act pursuant to the disabled principal's durable power of attorney, with or without bond and with or without court supervision, upon such terms and conditions as the court may require. None of the actions described in this subsection shall be taken by the court until after hearing upon reasonable notice to all persons identified in a verified statement supplied by the petitioner who is requesting such action identifying the immediate relatives of the principal and any other persons known to the petitioner to be interested in the welfare of the principal. Except that in the event of an emergency as determined by the court, the court, without notice, may enter such temporary order as seems proper to the court, but no such temporary order shall be effective for more than 30 days unless extended by the court after hearing on reasonable notice to the persons identified as herein provided.History: L. 2003, ch. 58, § 11; July 1.
KS Stat § 58-661 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-661 Compensation of attorney in fact.

58-661. Compensation of attorney in fact. Subject to the provisions of the power of attorney and any separate agreement, an attorney in fact is entitled to reasonable compensation for services rendered to the principal as attorney in fact and reimbursement for reasonable expenses incurred as a result of acting as attorney in fact for the principal.History: L. 2003, ch. 58, § 12; July 1.
KS Stat § 58-663 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 6 - Powers And Letters Of Attorney|58-663 Application of law.

58-663. Application of law. (a) This act applies to the acts and transaction in this state of attorneys in fact under powers of attorney executed in this state or by residents of this state. Further, this act applies to acts and transactions of attorneys in fact in this state or outside this state under powers of attorney that refer to the power of attorney law of Kansas in the instrument creating the power of attorney, if any of the following conditions are met:(1) The principal or attorney in fact was a resident of this state at the time the power of attorney was executed;(2) the powers and authority conferred relate to property, acts or transactions in this state;(3) the acts and transactions of the attorney in fact or successor occurred or were to occur in this state;(4) the power of attorney was executed in this state; or(5) there is otherwise a reasonable relationship between this state and the subject matters of the power of attorney.The power of attorney so created remains subject to this act despite a subsequent change in residence of the principal or the attorney in fact and any successor, or the removal from this state of property which was the subject of the power of attorney.(b) A person who acts as an attorney in fact or successor pursuant to a power of attorney governed by this act is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the attorney in fact or successor performed in this state, performed for a resident of this state or affecting property in this state.(c) A durable power of attorney that purports to have been made under the provisions of the durable power of attorney act of another state is governed by the law of that state and, if durable where executed, is durable and may be carried out and enforced in this state.(d) A power of attorney executed by a resident of another state, may authorize the carrying out in this state of all acts permitted to be delegated to an attorney in fact by the laws of the state of the residence of the principal, the laws of the state where the power of attorney is executed or the laws of this state, whichever law is most favorable toward authorizing such delegation, and is durable if so designated either under the laws of this state, under the laws of the state of residence of the principal or under the laws of the state where the power of attorney is executed.History: L. 2003, ch. 58, § 14; July 1.