Chapter 58, PERSONAL AND REAL PROPERTY

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 pe…

58-652. Effectiveness of power of attorney; recording; revocation; attorney in fact. (a) The authority granted by a principal to an attorney in fact in a written power of attorney is not terminated in the event the principal becomes wholly or partially disabled or in the event of…

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 exer…

58-654. General powers. (a) A principal may delegate to an attorney in fact in a power of attorney general powers to act in a fiduciary capacity on the principal's behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes.…

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 …

58-656. Duties of attorney in fact; relation of attorney in fact to court-appointed fiduciary; death of principal. (a) An attorney in fact who elects to act under a power of attorney is under a duty to act in the interest of the principal and to avoid conflicts of interest that i…

58-657. Modification, termination or suspension of power of attorney; successor attorney; resignation of attorney. (a) As between the principal and attorney in fact or successor attorney in fact, and any agents appointed by either of them, unless the power of attorney is coupled …

58-658. Exemption of third persons from liability. (a) A third person, who is acting in good faith, without liability to the principal or the principal's successors in interest, may rely and act on any power of attorney executed by the principal and acknowledged in the manner pre…

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 dat…

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 deleg…

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…

58-662. Accounting; determination of disability; modification, termination or removal of attorney in fact; limitations for principal to bring actions. (a) The principal may petition the court for an accounting by the principal's attorney in fact or the legal representative of the…

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 …

58-664. Effect of repealed statutes on existing powers of attorney. The repeal of the uniform durable power of attorney act, K.S.A. 58-610 through 58-617 and the repeal of K.S.A. 58-601 and 58-602, shall not affect the validity of powers of attorney created under those sections, …

58-665. Adoption by reference. The Kansas power of attorney act adopts by reference 50 U.S.C. 592 of the servicemembers civil relief act. History: L. 2003, ch. 58, § 16; L. 2005, ch. 45, § 1; July 1.

58-708. Uniform simultaneous death act; definitions. In this act: (1) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the prope…

58-709. Requirement of survival by 120 hours under probate code. Except as provided in K.S.A. 58-713, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an i…

58-710. Requirement of survival by 120 hours under donative dispositions in governing instruments. Except as provided in K.S.A. 58-713, for purposes of a donative provision of a governing instrument, an individual who is not established by clear and convincing evidence to have su…

58-711. Co-owners with right of survivorship; requirement of survival by 120 hours. Except as provided in K.S.A. 58-713, if (i) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by 120 hours, on…

58-712. Evidence of death or status. In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: (1) Death occurs when an individual is determined to be dead under the uniform determination of …

58-713. Exceptions to act. This act does not apply if: (1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; (2) the governing instrument expressly indic…

58-714. Protection of payors, bona fide purchasers and other third parties; personal liability of recipient. (a) Protection of Payors and Other Third Parties. (1) A payor or other third party is not liable for having made a payment or transferred an item of property or any other …

58-715. Uniformity of application and construction of act. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. History: L. 1992, ch. 97, § 8; July 1.

58-716. Citation of act. This act may be cited as the uniform simultaneous death act. (1991). History: L. 1992, ch. 97, § 9; July 1.

58-717. Effective date of act. On the effective date of this act: (1) An act done before the effective date in any proceeding and any accrued right is not impaired by this act. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time that …

58-718. Severability. If any provision of this act or its application to any persons or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end…

58-813. Citation of act. K.S.A. 58-813 to 58-818, inclusive, shall be known and may be cited as the self-service storage act. History: L. 1983, ch. 187, § 2; July 1. Law Review and Bar Journal References: "Kansas Artisan's and Mechanic's Liens: An Unnecessary Tangle," Judge John …

58-814. Definitions. As used in the self-service storage act: (a) "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement. (b) "Electronic signature" means an electronic symbol or process that is attached to, or logically associated…

58-815. Storage facility not to be used for residential purposes. (a) An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. (b) An occupant may not use a leased space for residential purposes. (c) An operator m…

58-816. Operator to have lien on stored property; limitation on value of stored property for purposes of claim or action; rental agreement; requirements of; effectiveness when not signed or delivered by party; electronic delivery and signatures. (a) The operator of a self-service…

58-816a. Late fees; rental agreement provision required. (a) An operator may impose a reasonable late fee, as defined in K.S.A. 58-814, and amendments thereto, for each month an occupant does not pay rent when it is due, in an amount not to exceed $20 per month or 20% of the mont…

58-817. Sale of stored property; towing of stored property, subject to city ordinance or county resolution, extinguishment of liens; procedure; online sales; redemption; notices. (a) (1) If the occupant is in default for a period of more than 45 days, the operator may enforce the…

58-817a. Sale of property not retrieved after termination or non-renewal of rental agreement; notice; disposal of property without commercial value; disposition of sale proceeds. (a) If the occupant does not retrieve such occupant's personal property in the leased space for more …

58-818. Care, custody and control of stored property vested in occupant; exceptions. Unless the rental agreement specifically provides otherwise and until a lien sale, the towing of personal property or a sale or disposal of personal property not retrieved by the occupant under t…

58-819. Rental agreements entered into prior to July 1, 1983. All rental agreements, entered into before July 1, 1983, which have not been extended or renewed after that date, shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by a…

58-820. Marital deduction gifts; effect and construction. (a) As used in this section: (1) "Marital deduction" means the federal estate tax deduction allowed for transfers under section 2056 of the federal internal revenue code or the federal gift tax deduction allowed for transf…

58-821. Duty of care owed trespassers. (a) A possessor of any fee, reversionary or easement interest in real property, including an owner, lessee or other lawful occupant, owes a trespasser only the duty of care that existed at common law or in statute as of July 1, 2014. (b) Thi…

58-9a-101. Citation of act. This act may be cited as the uniform fiduciary income and principal act. History: L. 2021, ch. 63, § 1; July 1.

58-9a-102. Definitions. In this act: (1) "Accounting period" means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months. "Accounting period" includes a part of a calendar year or another period of 12 calendar months …

58-9a-103. Scope. Except as otherwise provided in the terms of a trust or this act, this act applies to: (a) A trust or estate; and (b) a life estate or other term interest in which the interest of one or more persons will be succeeded by the interest of one or more other persons…

58-9a-104. Governing law. Except as otherwise provided in the terms of a trust or this act, this act applies when the state of Kansas is the principal place of administration of a trust or estate or the situs of property that is not held in a trust or estate and is subject to a l…

58-9a-201. Fiduciary duties; general principles. (a) In making an allocation or determination or exercising discretion under this act, a fiduciary shall: (1) Act in good faith, based on what is fair and reasonable to all beneficiaries; (2) administer a trust or estate impartially…

58-9a-202. Judicial review of exercise of discretionary power; request for instruction. (a) In this section, "fiduciary decision" means: (1) A fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the t…

58-9a-203. Fiduciary's power to adjust. (a) Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and principal if the fiduciary determines the exercise of the power to adjust will assist …

58-9a-301. Definitions related to unitrusts. In K.S.A. 58-9a-301 through 58-9a-309, and amendments thereto: (a) "Applicable value" means the amount of the net fair market value of a trust taken into account under K.S.A. 58-9a-307, and amendments thereto. (b) "Express unitrust" me…

58-9a-302. Application; duties and remedies. (a) Except as otherwise provided in subsection (b), K.S.A. 58-9a-301 through 58-9a-309, and amendments thereto, apply to: (1) An income trust, unless the terms of the trust expressly prohibit use K.S.A. 58-9a-301 through 58-9a-309, and…

58-9a-303. Authority of fiduciary. (a) A fiduciary, without court approval, by complying with subsections (b) and (f), may: (1) Convert an income trust to a unitrust if the fiduciary adopts in a record a unitrust policy for the trust providing: (A) That in administering the trust…

58-9a-304. Notice to fiduciaries. (a) A notice required by K.S.A. 58-9a-303(b)(2), and amendments thereto, must be sent in a manner authorized under K.S.A. 58a-109, and amendments thereto, to: (1) The qualified beneficiaries determined under K.S.A. 58a-103(12), and amendments the…

58-9a-305. Unitrust policy; requirements. (a) In administering a unitrust under K.S.A. 58-9a-301 through 58-9a-309, and amendments thereto, a fiduciary shall follow a unitrust policy adopted under K.S.A. 58-9a-303(a)(1) or (2), and amendments thereto, or amended or replaced under…

58-9a-306. Unitrust rate. (a) Except as otherwise provided in K.S.A. 58-9a-309(b)(1), and amendments thereto, a unitrust rate may be: (1) A fixed unitrust rate; or (2) a unitrust rate that is determined for each period using: (A) A market index or other published data; or (B) a m…