Transfer on Death Deed Includes Growing Crops

Grantor made a transfer on death deed ( K.S.A. 59-3501 to-3507 ) of certain farmland.  After grantor’s death, grantor’sadministrator claimed the proceeds of the crops growing on the land at the timeof grantor’s death pursuant to K.S.A. 59-1206 which requires that growing cropsbelonging to a decedent pass to the estate and not with the land.  Theintermediate Kansas appellate court reversed the trial court and held thatabsent a reservation of the crops in the TOD deed, the crops passed with theland as they would with any other deed.  Estateof Roloff, 143 P.3d 406 (Ct.App. Kan. 2006).