40-415. Insurance to go to estate of insured when beneficiary dies before insured. In all cases of the death of the beneficiary in any insurance policy before the death of the insured, and thereafter the insured dies without having named another beneficiary and without having disposed of said insurance by will, then said insurance shall go to the estate of the insured, the same as other property not exempt. History: L. 1927, ch. 231, 40-415; June 1. Source or prior law: L. 1905, ch. 271, § 1; R.S. 1923, 40-329. CASE ANNOTATIONS 1. This act does not apply to fraternal benefit societies. Boice v. Shepard, 78 Kan. 308, 96 P. 485. 2. Mentioned; party must overcome presumption of execution of mortgages by clear and convincing evidence; judgment affirmed. McMurray v. Crawford, 3 Kan. App. 2d 329, 333, 594 P.2d 1109. 3. Noted in action by widow of testate decedent to invalidate inter vivos trusts and transfer assets to probate estate. Taliaferro v. Taliaferro, 252 Kan. 192, 200, 843 P.2d 240 (1992). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026