861.35 (3) (intro.) In making an allowance under this section, the court shall consider the all of the following:
(a) The effect on claims under s. 859.25 and. The court shall balance the needs of the spouse or minor child dependent children against the nature of the creditors' claims in setting the amount allowed hereunder. The court shall also consider the under this section.
(b) The size of the estate, other
.
(c) Other resources available for support, the.
(d) The existing standard of living and any.
(f) Any other factors it
that the court considers relevant.
(4) The court may direct that the allowance to the surviving spouse, not including any allowance for the support and education of minor dependent children, be applied against any in satisfaction of any of the following:
(b) Any right of the surviving spouse to elect under ss. s. 861.02 (1) and 861.03.
188,222
Section 222
. 861.35 (3) (e) of the statutes is created to read:
861.35 (3) (e) Whether the provisions of a marital property agreement will create a hardship for the surviving spouse.
188,223
Section 223
. 861.35 (4) (a) of the statutes is created to read:
861.35 (4) (a) Any entitlement of the surviving spouse under s. 853.11 (2).
188,224
Section 224
. 861.41 (3) and (4) of the statutes are repealed.
188,225
Section 225
. 861.43 of the statutes is created to read:
861.43 Authority and powers of conservator, guardian or agent. A conservator, guardian or guardian ad litem of the spouse or of a child of the decedent, or an agent of the spouse or of a child of the decedent acting under a power of attorney, may on behalf of the spouse or child exercise any of the rights, apply for any of the allowances or make any of the selections that apply to the spouse or child under this subchapter.
188,226
Section 226
. 863.11 of the statutes is repealed and recreated to read:
863.11 Order in which assets appropriated; abatement. Shares of distributees abate in accordance with the rules under s. 854.18.
188,227
Section 227
. 863.13 of the statutes is repealed and recreated to read:
863.13 No exoneration of encumbered property. Specifically devised property that is subject to a mortgage or other encumbrance is subject to the rules under s. 854.05.
188,228
Section 228
. 863.37 (1) of the statutes is amended to read:
863.37 (1) If the laws, executive orders or regulations of the United States prohibit payment, conveyance, transfer, assignment or delivery of property or interest therein to a legatee, devisee, ward or beneficiary of an estate or trust, or to any person on his or her behalf, the court, after notice to the person under s. 879.03, may, by judgment or decree, authorize such disposition of the property or interest therein, as is or may be permissible under or in conformity with the laws, executive orders or regulations of the United States.
188,229
Section 229
. 880.32 of the statutes is amended to read:
880.32 Notes and mortgages of minor veterans. Notwithstanding any provision of this chapter or any other law to the contrary, any minor who served in the active armed forces of the United States at any time after August 27, 1940, and the husband or wife of such minor may execute in his or her own right, notes or mortgages, the payment of which is guaranteed or insured by the U.S. department of veterans affairs or the federal housing administrator under the servicemen's readjustment act of 1944 or the national housing act or any acts supplementary thereto or amendatory thereof. In connection with such transactions, such minors may sell, release or convey such mortgaged property or any interest therein, and litigate or settle controversies arising therefrom, including the execution of releases, deeds and other necessary papers or instruments. Such notes, mortgages, releases, deeds and other necessary papers or instruments when so executed shall not be subject to avoidance by such minor or the husband or wife of such minor upon either or both of them attaining the age of 18 because of the minority of either or both of them at the time of the execution thereof.
188,230
Section 230
. 880.695 (1) of the statutes is amended to read:
880.695 (1) A person nominated under s. 880.62 or designated under s. 880.65 as custodian may decline to serve by delivering a valid disclaimer under s. 701.27, in the case of a nontestamentary disclaimer, or under s. 853.40 if other than a nontestamentary disclaimer, 854.13 to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing and eligible to serve was nominated under s. 880.62, the person who made the nomination may nominate a substitute custodian under s. 880.62; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under s. 880.65 (1). The custodian so designated has the rights of a successor custodian.
188,231
Section 231
. 895.43 of the statutes is repealed and recreated to read:
895.43 Intentional killing by beneficiary of contract. The rights of a beneficiary of a contractual arrangement who kills the principal obligee under the contractual arrangement are governed by s. 854.14.
188,232
Section 232
. 895.435 of the statutes is repealed and recreated to read:
895.435 Intentional killing by beneficiary of certain death benefits. The rights of a beneficiary to receive benefits payable by reason of the death of an individual killed by the beneficiary are governed by s. 854.14.
188,233
Section 233
.
Initial applicability.
(1) This act first applies to deaths occurring on January 1, 1999, except with respect to irrevocable governing instruments executed before that date.
