Cited In Holding Section K.S.A.

Tenancy in typical unless joint tenancy planned, when; exception; joint occupancy provisions. Real or individual residential or commercial property approved or created to 2 or more persons including a grant or create to a husband and wife shall develop in them a tenancy in typical with respect to such residential or commercial property unless the language used in such grant or devise makes it clear that a joint occupancy was meant to be developed: Except, That a grant or develop to executors or trustees, as such, will produce in them a joint tenancy unless the grant or design specifically declares otherwise. Where joint tenancy is meant as above provided it might be developed by:

(a) Transfer to individuals as joint renters from an owner or a joint owner to himself or herself and several individuals as joint tenants;

(b) from renters in typical to themselves as joint tenants; or

Where a deed, transfer or conveyance grants an estate in joint occupancy in the approving stipulation thereof and such deed, transfer, or conveyance has a hebendum provision irregular therewith, the giving provision will manage. When a joint renter dies, a licensed copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death provided by the proper federal, state or regional official authorized to provide such certificate, or an affidavit of death from some accountable person who understands the truths, will make up prima facie evidence of such death and in cases where genuine residential or commercial property is included such certificate or affidavit shall be recorded in the workplace of the register of deeds in the county where the land is located. The arrangements of this act will apply to all estates in joint occupancy in either real or personal residential or commercial property heretofore or hereafter produced and nothing herein included will avoid execution, levy and sale of the interest of a judgment debtor in such estates and such sale shall make up a severance.

History: L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.

Law Review and Bar Journal References:

Creation without 3rd party prior to 1955 change talked about, Joseph W. Morris, 15 J.B.A.K. 241, 243 (1947 ).

Procedure for termination gone over, J. G. Somers, 1952 J.C.B. 78.

Disadvantages of jointly owned residential or commercial property, James D. Dye, 21 J.B.A.K. 351 (1953 ).

Foolproof survivorship deed? William R. Scott, 22 J.B.A.K. 128, 130 (1953 ).

Case of Malone v. Sullivan, 136 K. 193, 14 P. 2d 647, pointed out in note on survivorship interests in a joint safe deposit, 3 K.L.R. 368, 370 (1955 ).

1955-56 survey of real residential or commercial property and future interests, Ferd E. Evans, Jr., 5 K.L.R. 300, 311, 312 (1956 ).

1956-57 study of real residential or commercial property and future interests, Ferd E. Evans, Jr., 6 K.L.R. 225, 227, 228 (1957 ).

Amendment of 1955 estimated and gone over, James D. Dye, 25 J.B.A.K. 334, 335 (1957 ).

Realty title standards dealing with joint tenancies, William R. Scott, 7 K.L.R. 180 (1958 ).

Quoted in discuss language, 1 W.L.J. 498 (1961 ).

Joint tenancies in checking account, 11 K.L.R. 277, 278, 279 (1962 ).

"Attachment or Garnishment of Jointly Held Bank Accounts," Clarence Koch, 7 W.L.J. 51, 57 (1967 ).

"Joint Tenancy; Effects Explored," Marvin E. Thompson, 37 J.B.A.K. 83, 84, 85 (1968 ).

"Discuss Felonious Killing as a Bar to Intestate Succession," Gary D. Taylor, 8 W.L.J. 128, 132 (1968 ).

Survey of Kansas law on real and personal residential or commercial property (1965-1969), 18 K.L.R. 427, 439 (1970 ).

"Does Kansas Need the Uniform Probate Code?" Verne M. Laing, 42 J.B.A.K. 139, 185 (1973 ).

"Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 45 (1974 ).

Survey of residential or commercial property law, Mark Corder and William J. Paprota, 15 W.L.J. 387, 389 (1976 ).

"Survey of Kansas Law: Real and Personal Residential Or Commercial Property," Deanell R. Tacha, 27 K.L.R. 283, 298 (1979 ).

"Disclaimer Statutes: New Federal and State Tools for Postmortem Estate Planning," Carolyn A. Adams, 20 W.L.J. 42, 60 (1980 ).

"Garnishment in Kansas: A Procedural Paradox," Leon B. Graves, 49 J.B.A.K. 129, 133.

"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132, 140, 141 (1983 ).

"Contracts to Will: An Estate Planning Alternative for the Kansas Practitioner," Kevin J. Arnel, Steven J. Wood, 26 W.L.J. 444, 459 (1987 ).

"Don't Plan on Aging: The Kansas Supreme Court Reaffirms Its Hostility Toward Medicaid Planning [Brewer v. Schalansky, 102 P. 3d 1145 (Kan. 2004)]," Bryn A. Poland, 45 W.L.J. 491 (2006 ).

Attorney General's Opinions:

Recordation of death certificates with county register of deeds; open public records. 91-87.

CASE ANNOTATIONS

1. History, purpose and result of area talked about; conveyance interpreted. Bouska v. Bouska, 159 Kan. 276, 279, 280, 153 P. 2d 923.

2. Survivorship might be developed by agreement making intent clear; proof insufficient. Spark v. Brown, 167 Kan. 159, 164, 205 P. 2d 938.

3. Joint tenancy may be developed in personalty; savings account held joint occupancy. In re Estate of Fast, 169 Kan. 238, 242, 218 P. 2d 184.

4. Phrase "or the survivor or survivors of them" did not create joint tenancy. In re Estate of Swingle, 178 Kan. 529, 531, 289 P. 2d 778.

5. Cited in holding section K.S.A. 59-513 inapplicable to surviving joint occupant. In re Estate of Foster, 182 Kan. 315, 320, 320 P. 2d 855.

6. Property joint tenancy; sale; profits still in joint occupancy; intent; survivorship. In re Estate of Hewitt, 183 Kan. 352, 354, 355, 327 P. 2d 872.

7. Construed; language in deed did not clearly show joint occupancy was planned. Riggs v. Snell, 186 Kan. 355, 358, 359, 360, 350 P. 2d 54. Clarified in rejecting rehearing, 186 Kan. 725, 726, 352 P. 2d 1056.

8. Checking account; evidence inadequate to show joint occupancy created; intent. Miller v. Higgins, 188 Kan. 736, 738, 740, 741, 366 P. 2d 257.

9. Deed interpreted; grantees held tenants in common; rights figured out. Holt v. King, 250 F. 2d 671, 674.

10. History of joint occupancy in Kansas examined; joint tenancy is legal relationship; federal tax lien versus one joint owner enforceable against his interest in the residential or commercial property. Edwards v. United States, 215 F. Supp. 382, 383, 384, 386.

11. Trustees hold as joint tenants, not as renters in common. Rothenberg v. United States, 233 F. Supp. 864, 867.

12. Joint occupancy in savings account produced under realities. Simonich, Executrix v. Wilt, 197 Kan. 417, 420, 417 P. 2d 139.

13. Ownership of joint residential or commercial property by survivor is based upon acquisition contract and not inheritance. In re Estate of Pyke, 199 Kan. 1, 2, 9, 12, 427 P. 2d 67.

14. Signature card constituted an agreement creating joint tenancy checking account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.

15. Introductory provision of a deed referring to beneficiaries as joint renters established joint tenancy. Spresser v. Langmade, 199 Kan. 96, 98, 427 P. 2d 478.

16. Grant of personal residential or commercial property to 2 or more persons creates tenancy in common unless language of grant is clear that joint tenancy meant. Pace v. First National Bank of Osawatomie, 271 F. Supp. 230.

17. Oral contract in between bank and depositors; joint tenancy developed. Edwards v. Ledford, 201 Kan. 518, 522, 523, 525, 526, 441 P. 2d 834.

18. Section does not preclude oral evidence of joint occupancy contract; agreement term requirements. In re Estate of Carlson, 201 Kan. 635, 644, 443 P. 2d 339.

19. Joint tenancy not developed where blank on bank account signature card indicating kind of account not completed. Pace v. First National Bank of Osawatomie, Kansas, 404 F. 2d 52, 53, 54.

20. Joint occupancy in savings account not developed where intent of the depositor is unclear; parol proof acceptable to clarify intent of depositor where claim made that a joint occupancy savings account was established. In re Estate of Johnson, 202 Kan. 684, 696, 697, 452 P. 2d 286.

21. Mentioned in thinking about auto ownership. Mercantile Bank & Trust Co. v. Western Casualty & Sur. Co., 415 F. 2d 606, 611.

22. Will construed; language in will currently revealed intent to produce joint tenancy. In re Estate of Truex, 205 Kan. 169, 173, 468 P. 2d 237.

23. Curative statute (K.S.A. 58-2270) retroactively affecting vested rights held unconstitutional. Davis, Administrator v. Union Pacific Railway Co., 206 Kan. 40, 43, 46, 476 P. 2d 635.

24. Oral evidence of oral joint occupancy contract acceptable; deficiency of proof; no claim developed. In re Estate of Matthews, 208 Kan. 492, 493, 500, 507, 493 P. 2d 555.

25. Discussed; rules governing the development and establishment of joint occupancies gone over. Winsor v. Powell, 209 Kan. 292, 299, 497 P. 2d 292.

26. Applied; action to foreclose mechanics lien; strict compliance with notice arrangements of K.S.A. 60-1103 required. Schwaller Lumber Co., Inc. v. Watson, 211 Kan. 141, 147, 505 P. 2d 147.

27. Cited in action figuring out title to profits from sale of wheat by bankrupt renter. Mater v. Boese, 213 Kan. 711, 718, 518 P. 2d 482.

28. Surviving tenants took whole of account; trust satisfied on interest of one survivor. Johnson v. Capitol Federal Savings and Loan Association, 215 Kan. 286, 290, 291, 524 P. 2d 1127.

29. Joint occupancy legal arrangement governed by agreement law; partner's right to dispose of individual residential or commercial property during lifetime. Eastman, Administrator v. Mendrick, 218 Kan. 78, 85, 542 P. 2d 347.

30. Magic words absent from certificate of deposit; general rules specified; intent to create joint occupancy developed by parol proof. In re Estate of Wood, 218 Kan. 630, 632, 635, 545 P. 2d 307.

31. Section kept in mind; Kansas no longer acknowledges occupancy by entirety. Walnut Valley State Bank v. Stovall, 1 Kan. App. 2d 421, 426, 566 P. 2d 33

. 32. Applied; quiet title action; adverse belongings requirements not fulfilled. Renensland v. Ellenberger, 1 Kan. App. 2d 659, 665, 574 P. 2d

217. 33. Joint tenant founded guilty of feloniously killing husband ended up being renter in common with successors of other half. In re Estate of Shields, 1 Kan. App. 2d 688, 693, 574 P. 2d

229. 34. Garnishment of joint occupancy bank account severed joint tenancy; rebuttable anticipation of equal ownership; burden of proof. Walnut Valley State Bank v. Stovall, 223 Kan. 459, 460, 461, 574 P. 2d 1382.

35. Admissibility of parol and extrinsic proof to show joint occupancy ownership of intangible individual residential or commercial property; when. In re Estate of Girndt, 225 Kan. 352, 354, 590 P. 2d 1038.

36. Device of genuine residential or commercial property to two or more persons "share and share alike, or to the survivor of them" develops occupancy in common. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in determination of whether interests of two different trusts produced by a will were held as occupancy in common or in joint occupancy. In re Estate of Berryman, 226 Kan. 116, 123, 595 P. 2d 1120.

38. Statute needs clear evidence that owner meant to develop ownership in joint occupancy. In re Estate of Carter, 6 Kan. App. 2d 934, 937, 938, 636 P. 2d 227 (1981 ).

39. Estates in totality abolished in Kansas in 1891. Hall v. Hamilton, 233 Kan. 880, 884, 667 P. 2d 350 (1983 ).

40. Cited on concern of kind of residential or commercial property interest communicated by one looking for medical assistance from S.R.S. Neaderhiser v. State Dept. of Social & Rehab. Serv., 9 Kan. App. 2d 115, 117, 673 P. 2d 462 (1984 ).

41. Cited; principles utilized in determining existence of joint occupancy account analyzed; four unities under common law noted. Robertson v. Ludwig, 12 Kan. App. 2d 571, 576, 752 P. 2d 690 (1988 ).

42. Presumption of equivalent ownership among celebrations produced by joint occupancy is rebuttable; party assaulting has problem. In Re Crouch C Stores, Inc., 120 B.R. 178, 180 (1990 ).

43. Income tax refund may not be given or designed; debtor's estate need to distribute to lenders. In Re Ballou, 12 B.R. 611, 612 (1981 ).

44. Noted where joint tenancy funds lent to boy by moms and dads were set off against distributive share from estate. In re Estate of Button, 17 Kan. App. 2d 11, 16, 830 P. 2d 1216(1992

). 45. Rebuttable presumption of equivalent ownership occurs where occupancy in common exists. In re Griffin, 141 B.R. 207, 208, 211 (1992 ).

46. Prenuptial contract directing disposition of specific real estate governs regardless of celebrations later deeding residential or commercial property to themselves as joint tenants. King v. Estate of King, 25 Kan. App. 2d 335, 337, 962 P. 2d 1118 (1998 ).

47. Joint occupancy developed despite the fact that interest in residential or commercial property was 99% for grantor mother and 1% for beneficiary child. In re Estate of Lasater, 30 Kan. App. 2d 1021, 54 P. 3d 511 (2002 ).