AB150-engrossed,2429,72
851.72
(2) Keep a court record of every proceeding in the court under chs. 851
3to 880 under its proper title, a brief statement of the nature of the proceeding and
4of all papers filed therein, with the date of filing and a reference to where minute
5records can be found or to the microfilm or optical disk
or electronic file where papers
6have been stored so that the court record is a complete index or brief history of each
7proceeding from beginning to final disposition.
AB150-engrossed,2429,109
851.72
(5) Keep an alphabetical index to the court record and the file containing
10the original documents or microfilm
, or optical disk
, or electronic copies thereof.
AB150-engrossed,2429,2212
853.09
(2) Duty of register in probate. The register in probate shall issue a
13receipt for the deposit of the will and shall maintain a registry of all wills deposited.
14The original will, unless withdrawn under sub. (3) or opened in accordance with s.
15856.03 after death of the testator, shall be kept on file for the period provided in SCR
16chapter 72; thereafter the register may either retain the original will or open the
17envelope, copy or reproduce the will for confidential record storage purposes by
18microfilm, optical disk
, electronic format or other method of comparable
19retrievability and destroy the original. If satisfactorily identified, the reproduction
20is admissible in court for probate or any other purpose the same as the original
21document. Wills deposited with the county judge under s. 238.15, 1967 stats., shall
22be transferred to the register in probate and become subject to this section.
AB150-engrossed,2430,324
859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
25is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
1franchise, sales, withholding, gift or death taxes, or on unemployment compensation
2contributions due or benefits overpaid, a claim for funeral or administrative
3expenses
, a claim of this state under s. 49.496 or a claim of the United States; or
AB150-engrossed, s. 7190b
4Section 7190b. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
5.... (this act), section 7190, is amended to read:
AB150-engrossed,2430,116
859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
7is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
8franchise, sales, withholding, gift or death taxes, or on unemployment compensation
9contributions due or benefits overpaid, a claim for funeral or administrative
10expenses, a claim of this state under s.
49.482 or 49.496 or a claim of the United
11States; or
AB150-engrossed, s. 7190bm
12Section 7190bm. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin
13Act .... (this act), sections 7190 and 7190b, is amended to read:
AB150-engrossed,2430,1914
859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
15is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
16franchise, sales, withholding, gift or death taxes, or on unemployment compensation
17contributions due or benefits overpaid, a claim for funeral or administrative
18expenses, a claim of this state under s.
46.27 (7g), 49.482 or 49.496 or a claim of the
19United States; or
AB150-engrossed, s. 7190c
20Section 7190c. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
21.... (this act), sections 7190, 7190b and 7190bm, is amended to read:
AB150-engrossed,2431,222
859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
23is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
24franchise, sales, withholding, gift or death taxes, or on unemployment compensation
25contributions due or benefits overpaid, a claim for funeral or administrative
1expenses, a claim of this state under s. 46.27 (7g),
49.482 or 49.496
or 49.682 or a
2claim of the United States; or
AB150-engrossed,2431,144
859.07
(2) If the decedent was at the time of death or at any time prior thereto
5a patient or inmate of any state or county hospital or institution or any person
6responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10
7or 48.36 or if the decedent or the spouse of the decedent ever received medical
8assistance under ss. 49.45 to 49.47
or aid under s. 49.48, 49.483 or 49.485, the
9personal representative shall send notice in writing of the date set under s. 859.01
10by registered or certified mail to the department of health and social services or the
11department of corrections, as applicable, and the county clerk of the applicable
12county not less than 30 days before the date set under s. 859.01, upon such blanks
13and containing such information as the applicable department or county clerk may
14provide. The applicable county is the county of residence, as defined in s. 49.01 (8g).
AB150-engrossed, s. 7191bm
15Section 7191bm. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), section 7191b, is amended to read:
AB150-engrossed,2432,317
859.07
(2) If the decedent was at the time of death or at any time prior thereto
18a patient or inmate of any state or county hospital or institution or any person
19responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10
20or 48.36 or if the decedent or the spouse of the decedent ever received medical
21assistance under ss. 49.45 to 49.47
, long-term community support services funded
22under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the personal representative
23shall send notice in writing of the date set under s. 859.01 by registered or certified
24mail to the department of health and social services or the department of corrections,
25as applicable, and the county clerk of the applicable county not less than 30 days
1before the date set under s. 859.01, upon such blanks and containing such
2information as the applicable department or county clerk may provide. The
3applicable county is the county of residence, as defined in s. 49.01 (8g).
AB150-engrossed, s. 7191c
4Section 7191c. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act
5.... (this act), sections 7191b and 7191bm, is amended to read:
AB150-engrossed,2432,186
859.07
(2) If the decedent was at the time of death or at any time prior thereto
7a patient or inmate of any state or county hospital or institution or any person
8responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10
9or 48.36 or if the decedent or the spouse of the decedent ever received medical
10assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support
11services funded under s. 46.27 (7) or aid under s.
49.48, 49.483 or 49.485 49.68, 49.683
12or 49.685, the personal representative shall send notice in writing of the date set
13under s. 859.01 by registered or certified mail to the department of health and social
14services or the department of corrections, as applicable, and the county clerk of the
15applicable county not less than 30 days before the date set under s. 859.01, upon such
16blanks and containing such information as the applicable department or county
17clerk may provide. The applicable county is the county of residence, as defined in s.
1849.01 (8g) 49.001 (6).
AB150-engrossed,2432,2221
867.01
(3) (a) 4. Whether the decedent or the decedent's spouse received
22medical assistance under ss. 49.45 to 49.47
or aid under s. 49.48, 49.483 or 49.485.
AB150-engrossed,2433,3
1867.01
(3) (a) 4. Whether the decedent or the decedent's spouse received
2medical assistance under ss. 49.45 to 49.47
, long-term community support services
3funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.
AB150-engrossed,2433,107
867.01
(3) (a) 4. Whether the decedent or the decedent's spouse received
8medical assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community
9support services funded under s. 46.27 (7) or aid under s.
49.48, 49.483 or 49.485 1049.68, 49.683 or 49.685.
AB150-engrossed,2433,1713
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
14notice to be given under s. 879.03. If the decedent or the decedent's spouse received
15medical assistance under ss. 49.45 to 49.47
or aid under s. 49.48, 49.483 or 49.485,
16the petitioner shall give notice by certified mail to the department of health and
17social services as soon as practicable after filing the petition with the court.
AB150-engrossed,2433,2520
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
21notice to be given under s. 879.03. If the decedent or the decedent's spouse received
22medical assistance under ss. 49.45 to 49.47
, long-term community support services
23funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the petitioner shall
24give notice by certified mail to the department of health and social services as soon
25as practicable after filing the petition with the court.
AB150-engrossed,2434,104
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
5notice to be given under s. 879.03. If the decedent or the decedent's spouse received
6medical assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community
7support services funded under s. 46.27 (7) or aid under s.
49.48, 49.483 or 49.485 849.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the
9department of health and social services as soon as practicable after filing the
10petition with the court.
AB150-engrossed,2434,1413
867.02
(2) (a) 6. Whether the decedent or the decedent's spouse received
14medical assistance under ss. 49.45 to 49.47
or aid under s. 49.48, 49.483 or 49.485.
AB150-engrossed,2434,2018
867.02
(2) (a) 6. Whether the decedent or the decedent's spouse received
19medical assistance under ss. 49.45 to 49.47
, long-term community support services
20funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.
AB150-engrossed,2435,224
867.02
(2) (a) 6. Whether the decedent or the decedent's spouse received
25medical assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community
1support services funded under s. 46.27 (7) or aid under s.
49.48, 49.483 or 49.485 249.68, 49.683 or 49.685.
AB150-engrossed,2435,194
867.02
(2) (g)
Order. If the court is satisfied that the estate may be settled by
5this section, after filing of the petition and proof of the will and after 30 days have
6elapsed since publication under par. (d), it shall
decide all claims and assign the
7property to the creditors and persons interested who are entitled to it. The
8assignment shall be subject to the unknown rights of creditors or persons interested
9in the estate as limited in sub. (4). The court shall order any person indebted to or
10holding money or other property of the decedent to pay the indebtedness or deliver
11the property to the persons found to be entitled to receive it. It shall order the
12transfer of interests in real estate, stocks or bonds registered in the name of the
13decedent, the title of a licensed motor vehicle or any other form of property. If the
14decedent immediately prior to death had an estate for life or an interest as a joint
15tenant in any property in regard to which a certificate of termination under s. 867.04
16has not been issued, the order shall set forth the termination of the life estate or the
17right of survivorship of any joint tenant. Every tract of real property in which an
18interest is assigned or terminated or which is security for a debt in which an interest
19is assigned or terminated shall be specifically described.
AB150-engrossed,2435,2322
867.03
(1) (c) Whether the decedent or the decedent's spouse ever received
23medical assistance under ss. 49.45 to 49.47
or aid under s. 49.48, 49.483 or 49.485.
AB150-engrossed,2436,3
1867.03
(1) (c) Whether the decedent or the decedent's spouse ever received
2medical assistance under ss. 49.45 to 49.47
, long-term community support services
3funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.
AB150-engrossed,2436,107
867.03
(1) (c) Whether the decedent or the decedent's spouse ever received
8medical assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community
9support services funded under s. 46.27 (7) or aid under s.
49.48, 49.483 or 49.485 1049.68, 49.683 or 49.685.
AB150-engrossed,2436,1813
867.03
(1m) (a) Whenever an heir intends to transfer a decedent's property by
14affidavit under sub. (1) and the decedent or the decedent's spouse ever received
15medical assistance under ss. 49.45 to 49.47
or aid under s. 49.48, 49.483 or 49.485,
16the heir shall give notice to the department of health and social services of his or her
17intent. The notice shall include the information in the affidavit under sub. (1) and
18the heir shall give the notice by certified mail, return receipt requested.
AB150-engrossed,2437,221
867.03
(1m) (a) Whenever an heir intends to transfer a decedent's property by
22affidavit under sub. (1) and the decedent or the decedent's spouse ever received
23medical assistance under ss. 49.45 to 49.47
, long-term community support services
24funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the heir shall give
25notice to the department of health and social services of his or her intent. The notice
1shall include the information in the affidavit under sub. (1) and the heir shall give
2the notice by certified mail, return receipt requested.
AB150-engrossed,2437,136
867.03
(1m) (a) Whenever an heir intends to transfer a decedent's property by
7affidavit under sub. (1) and the decedent or the decedent's spouse ever received
8medical assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community
9support services funded under s. 46.27 (7) or aid under s.
49.48, 49.483 or 49.485 1049.68, 49.683 or 49.685, the heir shall give notice to the department of health and
11social services of his or her intent. The notice shall include the information in the
12affidavit under sub. (1) and the heir shall give the notice by certified mail, return
13receipt requested.
AB150-engrossed,2437,2016
867.03
(1m) (b) An heir who files an affidavit under sub. (1) that states that
17the decedent or the decedent's spouse received medical assistance under ss. 49.45 to
1849.47
or aid under s. 49.48, 49.483 or 49.485 shall attach to the affidavit the proof
19of mail delivery of the notice required under par. (a) showing a delivery date that is
20not less than 10 days before the day on which the heir files the affidavit.
AB150-engrossed,2438,323
867.03
(1m) (b) An heir who files an affidavit under sub. (1) that states that
24the decedent or the decedent's spouse received medical assistance under ss. 49.45 to
2549.47
, long-term community support services funded under s. 46.27 (7) or aid under
1s. 49.48, 49.483 or 49.485 shall attach to the affidavit the proof of mail delivery of the
2notice required under par. (a) showing a delivery date that is not less than 10 days
3before the day on which the heir files the affidavit.
AB150-engrossed,2438,137
867.03
(1m) (b) An heir who files an affidavit under sub. (1) that states that
8the decedent or the decedent's spouse received medical assistance under
ss. 49.45 to
949.47 subch. IV of ch. 49, long-term community support services funded under s.
1046.27 (7) or aid under s.
49.48, 49.483 or 49.485
49.68, 49.683 or 49.685 shall attach
11to the affidavit the proof of mail delivery of the notice required under par. (a) showing
12a delivery date that is not less than 10 days before the day on which the heir files the
13affidavit.
AB150-engrossed,2438,16
15867.035 (title)
Transfer by affidavit; recipients of medical assistance
16certain benefits.
AB150-engrossed,2438,2519
867.035
(1) (intro.) The department of health and social services may collect
20from the
funds property; except interests in or liens on real property; wearing
21apparel; jewelry; household furniture, furnishings and appliances; motor vehicles
22and recreational vehicles; of a decedent by affidavit under this section an amount
23equal to the medical assistance that is recoverable under s. 49.496 (3) (a) and that
24was paid on behalf of the decedent or the decedent's spouse, if all of the following
25conditions are satisfied:
AB150-engrossed,2439,114
867.035
(1) (intro.) The department of health and social services may collect
5from the property; except interests in or liens on real property; wearing apparel;
6jewelry; household furniture, furnishings and appliances; motor vehicles and
7recreational vehicles; of a decedent by affidavit under this section an amount equal
8to the medical assistance that is recoverable under s. 49.496 (3) (a)
or the aid under
9s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) and that was paid
10on behalf of the decedent or the decedent's spouse, if all of the following conditions
11are satisfied:
AB150-engrossed,2439,2315
867.035
(1) (intro.) The department of health and social services may collect
16from the property; except interests in or liens on real property; wearing apparel;
17jewelry; household furniture, furnishings and appliances; motor vehicles and
18recreational vehicles; of a decedent by affidavit under this section an amount equal
19to the medical assistance that is recoverable under s. 49.496 (3) (a)
, the long-term
20community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
211. or the aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2)
22(a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the
23following conditions are satisfied:
AB150-engrossed,2440,124
867.035
(1) (intro.) The department of health and social services may collect
5from the property; except interests in or liens on real property; wearing apparel;
6jewelry; household furniture, furnishings and appliances; motor vehicles and
7recreational vehicles; of a decedent by affidavit under this section an amount equal
8to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term
9community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
101. or the aid under s.
49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 that is
11recoverable under s.
49.482 49.682 (2) (a) and that was paid on behalf of the decedent
12or the decedent's spouse, if all of the following conditions are satisfied:
AB150-engrossed,2440,1715
867.035
(1) (d) The value of the
solely owned property
in this state left by the
16decedent, after payment of burial costs, does not exceed
$10,000 the amount under
17s. 867.03 (1) (intro.).
AB150-engrossed,2440,2519
867.035
(2) A person
possessing funds
who possesses property of a decedent
20shall
pay transmit the
funds property to the department of health and social services
21upon receipt of an affidavit by a person designated by the secretary of health and
22social services to administer this section showing that the conditions in sub. (1) are
23satisfied. Upon
payment transmittal, the person is released from any obligation to
24other creditors or heirs of the decedent.
The department of health and social services
25shall provide a copy of the affidavit to the department of revenue.
AB150-engrossed,2441,122
867.035
(3) If a person has a valid claim against the decedent's estate that
3would have a higher priority under s. 859.25 (1) if the estate were administered than
4the department of health and social services would have under s. 859.25 (1) (e) and
5the person demands payment in writing within one year of the date
on which the
6funds were collected by property was transmitted to the department, the department
7shall pay to the person the
amount value of the property collected under sub. (2) or
8the amount of the claim, whichever is less. The department
of health and social
9services shall notify the department of revenue of a payment under this subsection 10may authorize any person who possesses property of the decedent to honor higher
11priority claims with the decedent's property before transmitting property to the
12department.
AB150-engrossed,2441,2014
867.035
(4) From the appropriation under s. 20.435 (1) (im), the department
15of health and social services shall pay claims under sub. (3), shall pay to the federal
16government
the amount of the funds from the amount recovered under this section
17and not paid out as claims under sub. (3) an amount equal to the amount of federal
18funds used to pay the benefits recovered under this section
that are not paid out as
19claims under sub. (3) and shall spend the remainder of the
funds amount recovered
20under this section for medical assistance benefits administered under s. 49.45.
AB150-engrossed, s. 7206b
21Section 7206b. 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act
22.... (this act), section 7205, is amended to read:
AB150-engrossed,2442,523
867.035
(4) From the appropriation under s. 20.435 (1) (im),
with respect to
24funds collected by the department under sub. (1) related to medical assistance paid
25on behalf of the decedent or the decedent's spouse, the department of health and
1social services shall pay claims under sub. (3), shall pay to the federal government
2from the amount recovered under this section and not paid out as claims under sub.
3(3) an amount equal to the amount of federal funds used to pay the benefits recovered
4under this section and shall spend the remainder of the amount recovered under this
5section for medical assistance benefits administered under s. 49.45.
AB150-engrossed, s. 7206c
6Section 7206c. 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), sections 7205 and 7206b, is amended to read:
AB150-engrossed,2442,168
867.035
(4) From the appropriation under s. 20.435 (1) (im), with respect to
9funds collected by the department under sub. (1) related to medical assistance paid
10on behalf of the decedent or the decedent's spouse, the department of health and
11social services shall pay claims under sub. (3), shall pay to the federal government
12from the amount recovered under this section and not paid out as claims under sub.
13(3) an amount equal to the amount of federal funds used to pay the benefits recovered
14under this section and shall spend the remainder of the amount recovered under this
15section for medical assistance benefits
administered under
s. 49.45 subch. IV of ch.
1649.
AB150-engrossed,2442,2318
867.035
(4m) From the appropriation under s. 20.435 (7) (im), with respect to
19funds collected by the department under sub. (1) related to long-term community
20support services funded under s. 46.27 (7) paid on behalf of the decedent or the
21decedent's spouse, the department of health and social services shall pay claims
22under sub. (3) and shall spend the remainder of the funds recovered under this
23section for long-term community support services funded under s. 46.27 (7).
AB150-engrossed,2443,10
1880.195 Transfer of Menominees guardianship funds to trust. The
2circuit court which has appointed a guardian of the estate of any minor or
3incompetent who is a member of the Menominee Indian tribe as defined in s.
49.085 449.385 or a lawful distributee thereof may direct the guardian to transfer the assets
5of the minor or incompetent in the guardian's possession to the trustees of the trust
6created by the secretary of interior or his or her delegate which receives property of
7the minors or incompetents transferred from the United States or any agency thereof
8as provided by P.L.
83-399, as amended, and the assets shall thereafter be held,
9administered and distributed in accordance with the terms and conditions of the
10trust.
AB150-engrossed,2443,1612
880.331
(8) Compensation. On order of the court, the guardian ad litem
13appointed under this chapter shall be allowed reasonable compensation to be paid
14by the county of venue, unless the court otherwise directs. If the court orders a county
15to pay the compensation of the guardian ad litem, the amount ordered may not
16exceed the compensation paid to private attorneys under s. 977.08 (4m)
(b).
AB150-engrossed,2443,1918
885.37
(4) (a) 1. In the supreme court or the court of appeals, the
state director
19of state courts shall pay the expense.