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Terms Used In Kansas Statutes 59-1304

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Legatee: A beneficiary of a decedent
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

When any assets of the estate are encumbered by mortgage, pledge, or otherwise, the executor or administrator may pay such encumbrance or any part thereof, whether or not the holder of the encumbrance has exhibited his or her demand, if it appears to be for the best interest of the estate and if the court shall have so ordered. No such payment shall increase the share of the devisee, legatee, or heir entitled to receive such encumbered assets, unless otherwise provided in the will.