(316) 330-4110
Living in Wichita, I often see families that represent the best of our community: diverse, resilient, and full of love. But when a loved one passes away, the legal reality for these “modern” families can become messy. Whether you live near the Arkansas River or out toward Andover, the same state laws apply to your estate.
If you are part of a stepfamily, navigating probate for blended families in Kansas requires a clear understanding of how our local statutes prioritize blood relatives over stepchildren and how a second spouse’s rights might conflict with those of children from their first marriage.
I have spent a decade helping neighbors in the Wichita area plan for peace of mind. I know that you want to ensure everyone you love is taken care of, but without a specific plan, Kansas law makes those decisions for you. These default rules often lead to results that families never intended.
The Default Rules: What Happens if There Is No Will?
When someone dies without a will in Kansas, it is called dying “intestate.” Many people assume that their surviving spouse will inherit everything, but that is not how it works in our state if you have children.
Under K.S.A. 59-504, if you leave behind a spouse and children, your estate is split. Your surviving spouse receives one-half of your intestate property, and your children share the remaining half. In a blended family, this can create immediate tension. If you wanted your spouse to have full access to your home and savings to live comfortably, they may find themselves co-owning those assets with your adult children from a previous marriage.
It is also vital to know that Kansas law does not recognize stepchildren for inheritance purposes unless they have been legally adopted. According to K.S.A. 59-501, “children” includes biological and legally adopted children, but it excludes stepchildren. If you have helped raise a stepchild for twenty years and consider them your own, they will still receive nothing from your estate under the default probate rules.
The Spousal Elective Share and Augmented Estates.
Kansas has strong protections for surviving spouses to ensure they are not completely disinherited. This is known as the “elective share.” Even if you write a will that leaves everything to your children from your first marriage, your current spouse can choose to “elect against the will.”
As outlined in K.S.A. 59-6a202, the amount a spouse can claim depends on how long you were married. This is calculated using a sliding scale:
- 5 years of marriage: The spouse may claim 15% of the “augmented estate.”
- 10 years of marriage: The spouse may claim 30%.
- 15 years or more: The spouse may claim 50%.
The term “augmented estate” is a broad legal concept defined in K.S.A. 59-6a201. It includes not only the property going through probate but also many non-probate assets, such as joint bank accounts and certain transfers made shortly before death. This prevents someone from trying to “drain” their estate to disinherit a spouse. For blended families, this often means that the law can partially override a will intended to protect children.
Homestead Rights and Family Allowances.
Kansas law provides immediate protections for a surviving spouse and minor children that take priority over other heirs and most creditors.
The Homestead Exemption.
Under K.S.A. 59-401, a surviving spouse and any minor children have the right to continue living in the family home. This homestead is generally exempt from the debts of the person who passed away. In a blended family, this can lead to a situation in which the spouse has the right to occupy the home for life, even if the house’s ownership eventually passes to children from a prior marriage.
Statutory Allowances.
Beyond the home, K.S.A. 59-403 allows the surviving spouse to claim certain personal property, such as furniture, one automobile, and a “family allowance” of up to $75,000 in cash or property. These allowances are designed to keep the family afloat during the probate process, but they can significantly reduce the amount left for other beneficiaries.
Common Pitfalls for Blended Families in Wichita.
Many people I talk to in Sedgwick County believe they have solved these issues with “Transfer on Death” (TOD) deeds or joint tenancy. While these tools can help assets skip the court process, they often create new problems.
If you own a home in joint tenancy with your second spouse, that home passes entirely to them the moment you die. Your children from your first marriage have no legal claim to that house, regardless of what your will says.
If your spouse then passes away without a plan, that house might go entirely to their children, leaving your own children with nothing. This is one of the most common ways that “accidental disinheritance” happens in blended families.
The probate process at the 18th Judicial District Court in downtown Wichita is designed to strictly follow the law. The court cannot account for verbal promises or “what you would have wanted” if it isn’t legally documented.
How to Protect Every Member of Your Family.
The best way to avoid these disputes is to move beyond a simple will. For blended families, a Revocable Living Trust is often a much more effective tool. A trust allows you to:
- Provide for your spouse’s needs for the rest of their life.
- Ensure that the remaining assets eventually pass to your children.
- Clearly define what should happen to family heirlooms or specific property.
- Keep your family’s financial affairs private and out of the public probate record.
Estate planning is a multifaceted process that forces you to take inventory of your life. It is the only way to ensure your legacy is distributed to your loved ones in a way that truly cares for them.
Reach Out for Experienced Guidance in Wichita.
I understand that thinking about these “what if” scenarios is difficult. My goal is to make the experience of securing your family’s future as easy as possible while providing the quality of service you expect and deserve.
At the Law Office of Andrew Rowe, I am committed to going above and beyond for every neighbor who walks through my door.
You likely have many questions about how these Kansas statutes apply to your specific family dynamic. I am here to help you find those answers. If you want to ensure your spouse is protected and your children receive their intended inheritance, call me at 316-330-4110 to schedule a consultation. Let’s work together to give your family the peace of mind they deserve.
