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In re Estate of Roloff

143 P.3d 406, 36 Kan. App. 2d 684 (2006)

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In re Estate of Roloff

Kansas Court of Appeals

143 P.3d 406, 36 Kan. App. 2d 684 (2006)

Facts

Henry Roloff planted crops on his Kansas farmland in the spring. In June, Roloff named longtime employee Charles Schletzbaum as grantee beneficiary under a recorded transfer-on-death (TOD) deed. Roloff did not reserve the crops in the TOD deed. Roloff died a month later. The administrator of Roloff’s estate, Commerce Trust Company, told Schletzbaum that the crops were personal property and not part of the real estate, meaning the proceeds should go to Roloff’s estate. The trial court found the crops were personal property and ordered Schletzbaum to pay the entire proceeds, $67,424, plus interest to Commerce Trust. Schletzbaum appealed.

Rule of Law

Issue

Holding and Reasoning (Green, J.)

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