LRBs0562/2
PJK:skg&mkd:dw
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 489
March 12, 1996 - Offered by Senator Huelsman.
SB489-SSA1,1,3 1An Act to renumber and amend 701.27 (2) (b); to amend 700.17 (2) (a); and
2to create 701.27 (2) (b) 2. and 701.27 (6) (d) of the statutes; relating to:
3allowing surviving joint tenants to disclaim rights to property.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB489-SSA1, s. 1 4Section 1. 700.17 (2) (a) of the statutes is amended to read:
SB489-SSA1,1,105 700.17 (2) (a) Each of 2 or more joint tenants has an equal interest in the whole
6property for the duration of the tenancy, irrespective of unequal contributions at its
7creation. On the death of one of 2 joint tenants, the survivor becomes the sole owner;
8on the death of one of 3 or more joint tenants, the survivors are joint tenants of the
9entire interest, except that if a survivor disclaims under s. 701.27 (2) (b) 1., the joint
10tenancy is severed as of the date of death with respect to the disclaimed interest
.
SB489-SSA1, s. 2 11Section 2. 701.27 (2) (b) of the statutes is renumbered 701.27 (2) (b) 1. and
12amended to read:
SB489-SSA1,2,413 701.27 (2) (b) 1. Upon the death of a joint tenant that occurs on or after the
14effective date of this subdivision .... [revisor inserts date]
, a surviving joint tenant

1may not disclaim any property or interest in property which that would otherwise
2accrue to him or her by right of survivorship and that
is the subject of the joint
3tenancy. A surviving joint tenant may disclaim the entire interest if he or she fulfills
4the requirements under section 2518 of the internal revenue code.
SB489-SSA1, s. 3 5Section 3. 701.27 (2) (b) 2. of the statutes is created to read:
SB489-SSA1,2,86 701.27 (2) (b) 2. Any property or interest in property or portion of property or
7interest in property that is disclaimed under subd. 1. shall become an asset in the
8decedent's probate estate.
SB489-SSA1, s. 4 9Section 4. 701.27 (6) (d) of the statutes is created to read:
SB489-SSA1,2,1110 701.27 (6) (d) Nonapplicability. This subsection does not apply to a disclaimer
11under sub. (2) (b), the effect of which is provided in sub. (2) (b) 2.
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