2009 Kansas Code
Chapter 79 TAXATION
Article 15 DEATH TAXES
79-15,213. Same; property held in joint interest by decedent; qualified joint interests.

79-15,213

Chapter 79.--TAXATION Article 15.--DEATH TAXES

      79-15,213.   Same; property held in joint interest by decedent; qualified joint interests. (a) The value of the gross estate shall include the value of all property to the extent of the interest therein held as joint tenants with right of survivorship by the decedent and any other person, or as tenants by the entirety by the decedent and spouse, or deposited, with any person carrying on the banking business, in their joint names and payable to either or the survivor, except such part thereof as may be shown to have originally belonged to such other person and never to have been received or acquired by the latter from the decedent for less than an adequate and full consideration in money or money's worth. Where such property or any part thereof, or part of the consideration with which such property was acquired, is shown to have been at any time acquired by such other person from the decedent for less than an adequate and full consideration in money or money's worth, there shall be excepted only such part of the value of such property as is proportionate to the consideration furnished by such other person. Where any property has been acquired by gift, bequest, devise or inheritance, as a tenancy by the entirety by the decedent and spouse, to the extent of 1/2 of the value thereof, or, where so acquired by the decedent and any other person as joint tenants with right of survivorship and their interests are not otherwise specified or fixed by law, the value of decedent's interest herein shall be determined by dividing the value of the property by the number of joint tenants with right of survivorship.

      (b)   Notwithstanding the provisions of subsection (a), in the case of any qualified joint interest, the value included in the gross estate with respect to such interest by reason of this section is 1/2 of the value of such qualified joint interest. For purposes of this subsection, the term "qualified joint interest" means any interest in property held by the decedent and the decedent's spouse as tenants by the entirety, or joint tenants with right of survivorship, but only if the decedent and the spouse of the decedent are the only joint tenants.

      History:   L. 2006, ch. 199, § 13; Jan. 1, 2007.